New Senate Bill seeks to enforce gender rule, inclusion in county cabinets

A proposed law before Parliament could significantly reshape the composition of county executive committees by compelling governors to strictly adhere to gender balance and inclusivity requirements.

The County Governments (Amendment) Bill, 2026, sponsored by Senator Mohamed Chute, seeks to amend Section 35 of the County Governments Act.

The aim is to enforce the two-thirds gender principle and ensure the inclusion of persons living with disabilities in county leadership.

If passed, the Bill will require governors, when nominating county executive committee members, to ensure that no more than two-thirds of the appointees are of the same gender.

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The proposed law further demands that the composition of the county cabinet reflects the cultural and community diversity of the respective county, while also factoring in persons living with disabilities.

The amendment is anchored in constitutional provisions, particularly Article 27(8), which requires that not more than two-thirds of members of elective or appointive bodies be of the same gender.

It also aligns with Article 54, which guarantees the rights of persons with disabilities to participate in governance and public affairs.

In a move likely to tighten oversight, the Bill grants county assemblies greater authority in vetting nominees.

Assemblies will be barred from approving any list of nominees that fails to meet the gender, diversity and inclusivity thresholds set out in the law.

Further, where the rejection of a nominee results in non-compliance with the requirements, governors will be compelled to submit a new nominee within 14 days to ensure the legal thresholds are met.

Chute said the proposed emphasise the need to move beyond mere constitutional aspirations and embed these principles in enforceable law.

“The principal object of this Bill is to ensure compliance with constitutional principles of inclusivity and diversity in the appointment of county executive committee members,” the memorandum reads in part.

The proposed law also reinforces affirmative action principles, requiring governors to take deliberate steps to include marginalised groups in county leadership.

If enacted, the changes could have far-reaching implications for how governors constitute their cabinets, potentially forcing adjustments in counties that have previously fallen short of gender and diversity requirements.