Political parties would be compelled to field significantly more women in the 2027 general election under sweeping electoral reforms seeking to finally implement Kenya's elusive two-thirds gender rule.
The proposed Election Laws (Amendment) Bill, 2026 shifts the burden of achieving gender balance from Parliament after elections to political parties before Kenyans cast their votes.
If enacted, every political party would be required to ensure that not more than two-thirds of its candidates for Parliament are of the same gender.
“Each political party shall ensure that not more than two-thirds of the candidates of the political party submitted to the commission in a general election for parliamentary elections are of the same gender,” the proposed reads.
It is one of the boldest attempts yet to implement a constitutional requirement that has remained largely unfulfilled since the constitution was promulgated in 2010.
Parliament has been unable to implement the two-thirds rule despite more than 10 attempts in different formats.
Several bills to help implement the constitutional requirement came to naught, with suggestions for top-ups dismissed as costly, hence burdensome to taxpayers.
Former Chief Justice David Maraga in September 2020 advised then President Uhuru Kenyatta to dissolve the 12th Parliament for breaching the gender law.
A gender taskforce that was attached to the National Dialogue Committee (Nadco) process proposed amendments to the election law to compel political parties to implement the rule.
While it vouched for top ups in the current Parliament, the same was ruled out as impractical. The law change push seems to have carried the day.
And now IEBC has thrown a new spanner in the works, with the proposal also introducing a mandatory ‘zebra’ formula for party lists.
Political parties would have to submit nomination lists beginning with a woman and then alternate between female and male candidates according to priority.
The reforms could dramatically increase the number of women seeking elective office in 2027.
For years, the debate has centred on how to ‘top up’ Parliament after elections to satisfy the constitutional gender threshold.
The new proposal instead seeks to influence the outcome before the election by compelling parties to nominate more women in competitive races.
“It marks a significant shift in thinking,” Constitutional lawyer Bobby Mkangi told the Star when asked whether the suggestion settles the long-drawn gender question.
Rather than creating more nominated seats, the Bill attempts to increase the number of women elected directly by voters.
The issue has remained one of Kenya's longest-running constitutional disputes. A similar effort is currently before the Senate.
A constitution amendment bill being considered in the august House has proposed top-ups to help meet the threshold.
Nominated Senator Veronica Maina, who is leading the effort, said they want the top up done after the general election. ‘It doesn’t require a referendum,” she said.
Articles 27 and 81 of the constitution require that no more than two-thirds of members of elective and appointive bodies be of the same gender.
Yet Parliament has repeatedly failed to enact legislation giving full effect to that principle, despite court orders and repeated legislative attempts.
Several bills have collapsed in Parliament over the years. Others failed to secure the numbers required for constitutional amendments.
The result has been a cycle of court battles, political negotiations and missed deadlines. The matter also featured prominently during the Nadco talks.
Political leaders agreed that implementation of the two-thirds gender principle remained one of the outstanding constitutional issues requiring legislative action before future elections.
The new Bill attempts to answer that challenge through political parties.
Instead of asking Parliament to correct the imbalance after elections, it requires parties to prevent it during nominations.
That could radically change how parties prepare their tickets for the 2027 contest, and could usher a new era from the current ‘first past the post’ arrangement.
Male aspirants who have traditionally enjoyed automatic party backing may now face competition from more female candidates as parties seek to comply with the law.
Women, on the other hand, could receive more nomination certificates for constituency and county races that have historically been dominated by men.
The proposal could also reshape party nomination strategies in political strongholds.
Presently, there are 81 women MPs in the National Assembly, and hence more than 50 women are required for balance.
Senate has 21 women and therefore, needs 23 women if the top-up way is opted for to meet the gender principle.
Parties would have to think beyond electoral calculations and consider the gender composition of their entire parliamentary slate.
Failure to comply could expose them to disputes with IEBC during the candidate registration process.
Women's rights groups have long argued that political parties remain the biggest barrier to equal representation because they control nominations.
They have maintained that the constitution cannot be realised if parties continue presenting overwhelmingly male candidates in elective contests.
Supporters of the reforms say the proposal could finally shift the conversation from nominated seats to competitive elections.
“Instead of relying on post-election formulas, women would have a better opportunity to compete for constituency seats from the outset,” Kibwezi East MP Jessica Mbalu told the Star.
The question abounding is whether parties can realistically comply, particularly in regions where multiple male incumbents seek re-election under the same party.
Critics may argue that compelling parties to structure their candidate lists amounts to interference with internal party democracy.
Those questions are likely to dominate parliamentary debate in the coming weeks, and public participation forums IEBC seeks to present the Bill in.
The reforms are part of a package of electoral changes that also revises the recall of MPs, changes presidential results management, shortens campaign timelines and reforms election petitions.
The gender proposal touches on a constitutional promise that has remained out of reach for more than 15 years.
If Parliament approves the Bill, political parties, not the courts, will become the first line of implementation of the two-thirds gender rule.
That would to a large extent change how parties identify, recruit and nominate candidates ahead of the 2027 general election.
