The Independent Electoral and Boundaries Commission (IEBC) has drawn a line in the sand ahead of the 2027 General Election, demanding explicit legal powers to reject political party nomination lists that fail to meet the two-thirds gender threshold.

In a candid address from the commission’s Anniversary Towers headquarters, Vice Chairperson Fahima Araphat Abdallah warned that unless the Elections Act is amended to give the electoral body "gatekeeper authority," the constitutional requirement for gender parity will remain a mirage.

"We cannot continue to police a constitutional imperative with moral persuasion alone," Fahima noted, her tone marking a sharp departure from the diplomatic ambiguity of previous commissions. "Without the legal mandate to reject a non-compliant list at the submission stage, the IEBC is reduced to a spectator in a game it is supposed to referee."

The "Toothless Bulldog" Dilemma

The crux of the matter lies in the current legal framework. While the 2010 Constitution mandates that no more than two-thirds of elective bodies be of the same gender, the mechanisms to enforce this at the party primary level have been historically weak. Political parties have often treated the rule as a suggestion rather than a statute, preferring to pay fines or face post-election court battles rather than field female candidates in "safe" seats.

The new IEBC team, led by Chairman Erastus Ethekon, is pushing for amendments to the Elections Act and the Political Parties Act. Their proposal is simple but radical: if a party's list of nominees for Parliament or County Assemblies does not meet the gender quota, the IEBC should have the power to bounce it back immediately—effectively barring that party from the ballot until they comply.

"It is a question of political hygiene," Fahima emphasized. "If you cannot find women to represent you, perhaps you should not be seeking to represent Kenyans."

A Crisis of Goodwill

The commission's aggressive stance coincides with the release of a sobering new report by the National Gender and Equality Commission (NGEC), dubbed the "State of Representation 2025." The findings paint a grim picture of the political landscape:

• Chronic Non-Compliance: Despite 15 years of the 2010 Constitution, the 13th Parliament still relies on nomination top-ups to inch closer to the gender threshold.
• The "Unwinnable" Seats: Parties continue to relegate female candidates to hostile constituencies while reserving strongholds for male stalwarts.
• Financial Barriers: The cost of campaigning remains prohibitively high, with no meaningful campaign finance laws in place to level the playing field.

The report explicitly notes a "profound lack of political goodwill" among the major coalitions, who have repeatedly shot down gender bills in the National Assembly. The current Constitution of Kenya (Amendment) Bill, 2025, which seeks to codify these gender top-ups, is currently stalling in the legislative pipeline.

The Clock is Ticking

For Fahima, a 33-year-old from Lamu who shattered glass ceilings to become the youngest Vice Chair in the commission's history, this is personal. Her appointment in July 2025 was seen as a nod to the marginalized, and she is now leveraging that platform to force a conversation the political class would rather avoid.

"We are looking at 2027," she said. "If we go into that election with the same laws that failed us in 2022, we will get the same result: a Parliament that is unconstitutional by design."

Legal analysts agree that the IEBC's move is a high-stakes gamble. By seeking these powers, the commission is effectively asking MPs to vote for a law that could disqualify them. However, with the spectre of a dissolution of Parliament—a threat once issued by former Chief Justice David Maraga—still lingering in legal memory, the pressure to act is mounting.

"The window for reform is closing," Chairman Ethekon added in a brief statement supporting his deputy. "We either fix the rules now, or we prepare for another five years of explaining why the Constitution is being ignored."