The proposed Election Laws (Amendment) Bill, 2026 aims to enforce Kenya's constitutional two-thirds gender rule by shifting responsibility to political parties ahead of the 2027 general election.

Under the bill, all political parties must ensure that no more than two-thirds of their parliamentary candidates are of the same gender. This approach marks a departure from previous efforts that focused on correcting gender imbalances after elections through nominated seats or top-ups.

Key Provisions of the Bill

  • Parties must submit candidate lists alternating between women and men, starting with a woman, following a 'zebra' nomination formula.
  • The requirement applies to all parliamentary candidates presented to the Independent Electoral and Boundaries Commission (IEBC).
  • Failure to comply could lead to disputes during candidate registration.

The bill addresses a constitutional mandate that has proven challenging to implement since 2010. Parliament has previously attempted multiple legislative solutions without success, often hindered by political resistance and concerns over cost implications of post-election top-ups.

Constitutional lawyer Bobby Mkangi described the bill as a significant shift, potentially increasing the number of women elected directly by voters rather than relying on nominated seats.

Background and Political Context

The two-thirds gender rule under Articles 27 and 81 of the Constitution requires that no more than two-thirds of elective and appointive bodies be of the same gender. Despite court orders and repeated attempts, Parliament has struggled to enact laws fully implementing this provision.

Efforts to introduce top-up seats have been controversial, with former Chief Justice David Maraga recommending the dissolution of Parliament in 2020 for failing to comply with the gender law.

Meanwhile, a separate constitutional amendment bill proposing post-election top-ups is under Senate consideration, led by Senator Veronica Maina.

Implications for Political Parties and Elections

The bill could reshape party nomination strategies, compelling parties to present more female candidates in competitive constituencies. This may challenge traditional male incumbents and increase opportunities for women in both parliamentary and county races.

Currently, women hold 81 seats in the National Assembly and 21 in the Senate, necessitating more female candidates to meet the two-thirds threshold.

Women’s rights advocates have welcomed the bill, arguing that political parties are crucial gatekeepers to equal representation and that the constitutional goal cannot be met without their active participation.

Jessica Mbalu, MP for Kibwezi East, noted the bill could finally enable women to compete fairly in constituency elections rather than relying on nominations after the polls.

Challenges and Next Steps

Critics may argue that mandating party nomination structures interferes with internal party democracy and question the feasibility of compliance, especially in regions dominated by male incumbents.

The bill is part of a broader package of electoral reforms that include changes to MP recall processes, presidential results management, and election petition procedures.

Public participation forums and parliamentary debates are expected to shape the bill's final form ahead of the 2027 elections.