The ruling United Democratic Alliance (UDA) has endorsed the Independent Electoral and Boundaries Commission’s (IEBC) proposed Election Laws (Amendment) Bill, 2026, which aims to enforce the constitutional two-thirds gender rule in parliamentary candidate nominations.
The bill mandates that no more than two-thirds of a party’s parliamentary candidates can be of the same gender, requiring political parties to submit balanced candidate lists to the IEBC for approval ahead of the general election.
UDA’s Support for Gender Balance
UDA Secretary General Hassan Omar described the proposal as a significant step toward resolving a long-standing constitutional challenge that has persisted since the 2010 Constitution was enacted. He highlighted the party’s history of backing gender equality legislation, including previous bills spearheaded by key party figures. Omar affirmed UDA’s commitment to achieving the two-thirds gender principle through its nomination process before the 2027 general election.
Currently, UDA holds the highest representation of women among governors, senators, and members of parliament, underscoring its dedication to gender inclusivity.
ODM’s Reservations
In contrast, the Orange Democratic Movement (ODM) has expressed reservations about the proposal, warning that it could lead to legal disputes and complicate party nomination procedures.
Acting ODM Secretary General Catherine Omanyo noted that while the concept is derived from a High Court ruling in the Katiba Institute v IEBC case, applying it to party nominations presents challenges. These include potential zoning of constituencies exclusively for women candidates, which may infringe on constitutional rights, and the risk of denying nomination certificates to candidates who win primaries but do not align with gender quotas.
Omanyo also highlighted difficulties in predicting election outcomes, which complicates compliance with the gender rule, and cautioned that voters might be disenfranchised if parties are restricted from fielding preferred candidates due to gender requirements.
Background and Significance
The two-thirds gender rule, enshrined in Articles 27 and 81 of the Constitution, mandates that no more than two-thirds of elective and appointive bodies be of the same gender. Despite numerous parliamentary attempts, the rule has not been fully implemented, prompting former Chief Justice David Maraga to advise dissolution of Parliament in 2020 over non-compliance.
The IEBC’s proposed bill seeks to directly increase the number of women elected rather than relying on nominated seats post-election, marking a shift in approach.
Gender rights advocates have welcomed the reforms as a practical means to realize constitutional gender equality ahead of next year’s elections.
