MPs Propose Special Seats to Meet Constitutional Two-Thirds Gender Rule Quota

In a significant move toward achieving gender parity in Kenya’s Parliament, lawmakers have introduced a new legislative proposal to address the long-standing challenge of meeting the constitutional two-thirds gender rule. The Constitution of Kenya (Amendment) Bill, 2025, seeks to amend Articles 97 and 98 of the 2010 Constitution to ensure that no more than two-thirds of the members of the National Assembly and Senate are of the same gender, as mandated by Article 81(b). This initiative, driven by a commitment to gender equality, proposes the introduction of special seats to bridge the representation gap, a step that could reshape Kenya’s political landscape.

The two-thirds gender rule, enshrined in the 2010 Constitution, stipulates that neither gender should dominate more than two-thirds of elective or appointive public bodies. Despite this clear constitutional directive, Kenya has struggled to achieve this threshold in its National Assembly and Senate since the Constitution’s adoption. The current proposal, tabled in the National Assembly, aims to resolve this issue by allowing political parties to nominate additional members to special seats post-election, ensuring compliance with the gender quota. These seats would be allocated proportionally based on the number of seats won by each political party, offering a practical mechanism to address the shortfall in female representation.

The bill introduces a 20-year sunset clause, limiting the use of special seats to two decades, with the possibility of a 10-year extension if the gender parity goal remains unmet. To promote fairness and diversity, the legislation restricts individuals from being nominated to these special seats for more than two terms and requires that party nomination lists reflect regional, ethnic, and disability diversity. This approach aims to empower a broad range of women, including young women and those with disabilities, while ensuring that nominations are merit-based and competitive, addressing concerns about favoritism in the nomination process.

The proposal has garnered significant support from female legislators and civil society groups, who view it as a critical step toward fulfilling Kenya’s constitutional and international obligations on gender equality. The Kenya Women Parliamentary Association (KEWOPA) has been a vocal advocate for the bill, emphasizing that the two-thirds gender rule is not solely a women’s issue but a human rights imperative. Female MPs have highlighted the persistent patriarchal barriers that have hindered women’s participation in politics, noting that the special seats provide a platform to incubate women’s leadership and prepare them for competitive electoral contests.

However, the bill is not without its challenges. Critics, including some male legislators, have expressed concerns about the potential cost of expanding Parliament through additional seats, arguing that it could place a financial burden on taxpayers. Others have cautioned that the nomination process must be transparent to avoid rewarding political loyalists rather than competent leaders. Past attempts to implement the gender rule, spanning the 10th, 11th, and 12th Parliaments, have faced resistance, with accusations that male MPs have deliberately stalled progress to maintain their dominance. The 13th Parliament, now in its third year, faces pressure to avoid a similar fate, as failure to enact the gender rule could lead to a constitutional crisis, including the potential dissolution of Parliament.

The bill’s proponents argue that the cost of implementing the gender rule is a necessary investment in democracy and equality. They point to other African nations, such as Rwanda, which boasts 63.8% female representation in its Parliament, and Cameroon and Zimbabwe, which have successfully reformed their electoral systems to meet similar gender thresholds. These countries have demonstrated that reserving seats for women and enforcing party compliance can significantly enhance female representation, offering a model for Kenya to follow.

The legislative process for the bill is moving forward, with a joint committee of the National Assembly’s Justice and Legal Affairs Committee and the Senate’s Justice, Legal Affairs, and Human Rights Committee tasked with evaluating its feasibility. Public participation forums are scheduled across all 47 counties to gather citizen input, reflecting Kenya’s commitment to inclusive governance. The outcome of these deliberations will determine whether the bill can secure the two-thirds majority required for constitutional amendments under Article 256.

As Kenya approaches the 2027 general elections, the proposed special seats represent a pivotal opportunity to align the country’s political institutions with its constitutional ideals. The bill not only seeks to address numerical representation but also aims to challenge deep-seated patriarchal norms that have marginalized women in politics. By fostering greater inclusion, Kenya could set a precedent for equitable governance, ensuring that women’s voices are heard in shaping the nation’s future.