The Independent Electoral and Boundaries Commission (IEBC) is being urged to take decisive action to enforce Kenya's constitutional two-thirds gender principle, despite Parliament's failure to pass enabling laws.
Following a 2017 court ruling, IEBC chair Wafula Chebukati instructed political parties to comply with the gender rule when submitting candidate lists. The Katiba Institute emphasized that IEBC, as a constitutional body, must uphold constitutional mandates regardless of legislative delays.
Although a subsequent legal challenge by lawyer Adrian Kamotho on the directive's public participation process was upheld, the appeal window has since closed. The Office of the Registrar of Political Parties is now responsible for ensuring parties adhere to the rule.
Experts warn of potential manipulation by political parties that may nominate female candidates without genuine support, undermining the representation goal. With ongoing calls for zoning, IEBC's role in preventing such practices is critical.
Notably, the two-thirds gender rule can be achieved at the nomination stage. For instance, in 2022, ODM leader Raila Odinga guaranteed direct nominations for female MPs holding open seats, contributing to their electoral success.
The main systemic challenge remains Kenya's first-past-the-post electoral system, which critics say facilitates exclusion and favors candidates with financial resources or influence. This system complicates efforts to realize balanced gender representation.
Advocates highlight that Kenya lags behind regional peers like Burundi in achieving gender balance in elected offices and call for renewed commitment from IEBC to accelerate progress.
Adrian Kamotho, Executive Director of CRAWN Trust, noted the urgency of IEBC's proactive role to avoid further delays in realizing constitutional gender equality.
