Odhiambo Moves to Limit Number of Times One Can Be Nominated Under Affirmative Action

Nairobi, Kenya — September 23, 2025, 18:30 EAT.

Suba North MP Millie Odhiambo has announced plans to table a motion in Parliament to restrict how many times a person may be nominated to either house. She argues that repeated nominations undermine the spirit of affirmative action, which was designed to empower disadvantaged groups and eventually move them into elective seats.

The Latest

• On Tuesday, September 23, 2025, Millie Odhiambo posted on her Facebook account that she intends to bring new legislation to limit the number of times a person can be nominated. She said that the nomination slots — reserved under affirmative action for women, youth, persons with disabilities, and marginalised groups — were originally meant as launchpads rather than long-term positions. 

• She noted her own experience: Odhiambo was once nominated by ODM from 2007–2013, before the 2010 Constitution, and later successfully ran in a competitive election, becoming the elected MP for Suba North. She says that experience shows what affirmative action was intended to do — offer a stepping stone into competitive politics. 

• Part of her concern is that some individuals seem to be repeatedly nominated election after election, which she believes locks out others who deserve the chance. “After one or two nominations, please go compete for an elective seat,” she said. 

Context in Brief

• Under Kenya’s 2010 Constitution, Parliament is required to ensure gender equality, which includes mechanisms like affirmative action and nomination slots when elective seats are not sufficient to satisfy the “two-thirds gender rule” (that no more than two thirds of members of elective bodies are of the same gender). 

• Nominations under affirmative action are meant to support representation of women, youth, persons with disabilities and other marginalised groups, particularly where direct electoral competition is difficult. The idea is that nomination slots are temporary bridges to allow such individuals to build political profiles and later contest elective seats. 

• Some recent public commentary has raised concerns that nomination slots have become “safe” or permanent positions for certain individuals, rather than stepping stones. Gloria Orwoba (former nominated senator) recently revealed advice from party leaders to use nomination slots to build towards elective seats. 

Law, Policy, and Process

• Constitutional Provisions:

  • Article 27 (Equality and Freedom from Discrimination) requires equality of opportunity.

  • Article 81(b) mandates that not more than two-thirds of the members of elective bodies shall be of the same gender. When elective composition fails to meet this threshold, nominations are used to correct gender imbalance. 

• Affirmative Action as Policy: Nomination is part of Kenya’s affirmative action regime, intended in law and subsequent policy guidance to be temporary and enabling.

• Parliamentary Process: Odhiambo’s motion would need to be formally tabled, debated, possibly referred to a relevant committee (e.g. the Committee on Implementation, or Constitution & Legal Affairs), and passed by majority in the National Assembly. If it involves constitutional changes (depending on how nominations are entrenched), it may require more than ordinary majority, public participation, and possibly a referendum, depending on what exactly is being amended.

Voices & Stakeholders

• Millie Odhiambo (MP, Suba North): Proponent of the motion. She argues repeated nominations reduce fairness and deny opportunities to others in marginalised groups. Her own political trajectory is used as example: from nominated MP to contesting and winning an elective seat. 

• Nominated Members / Potential Beneficiaries: Some nominated representatives may see this as limiting their opportunities or undermining continuity. Gloria Orwoba, among others, has indicated advice from party leaders to use nomination slots to prepare for elective contests. 

• Political Parties / ODM: Their position is important since nominations are often party-controlled. How parties agree internally to allocate nomination slots will matter.

• Civil Society / Gender Equality Advocates: Likely to weigh in; some may support the idea (if they see nomination overuse as hampering renewal), others may caution that limiting nominations should not inadvertently exclude marginalised individuals who need support.

Evidence & Data Box

Risks, Implications & Scenarios

• Renewal and fairness vs. experience and continuity: While limiting nominations may open opportunities for new people, it might also cut off experienced nominated members who have been effective.

• Party politics tensions: Parties may resist constraints on nomination slots which they see as tools for balancing loyalty, gender, regional representation.

• Implementation challenges: Defining exactly how many nominations are allowed (one, two?), and whether this applies across house types (National Assembly, Senate, County Assemblies, etc.), and how to enforce it.

• Potential constitutional issues: If the motion ends up amending constitutional provisions (e.g. altering laws about nominations), then public participation and judicial scrutiny may follow.

• Impact on girls, youth, PWDs: Ensuring that any limits don’t disproportionately hurt those from marginalised groups who rely more on nomination routes to get involved in formal politics.

What We Don’t Know Yet

• The specific limit Odhiambo is proposing (how many times one can be nominated).

• Whether the motion will apply to all nomination types (e.g. women reps, nominated senators, nominated MCAs) or only some.

• Whether she has cross-party support or whether parties will oppose the motion.

• How legal and constitutional advisors view the proposal; whether some nomination slots are protected in law in ways that make limiting them difficult.

• The timeline for the motion: when it will be tabled, debated, and when it might take effect (if passed).

Timeline

• 2007-2013: Millie Odhiambo serves as a nominated MP under ODM. 

• 2010: New Constitution adopted, with strengthened affirmative action and gender equality provisions.

• 2022: Gloria Orwoba (former nominated senator) receives advice to use nomination slots as stepping stone. 

• September 23, 2025: Odhiambo announces plans to table motion limiting nominations.

What to Watch

• When the motion will be officially tabled in Parliament, and which committee will handle it.

• The response from political parties, nominated MPs, and civil society quickly after the announcement.

• Whether Parliamentary legal counsel or constitutional experts raise objections or propose modifications.

• Whether similar proposals emerge in counties or in Kenya’s constitutional debate (e.g. two-thirds gender rule implementation).

Editor’s Note: Information in this article is based on reporting by People Daily (“Millie Odhiambo set to table motion limiting number of times a member can be nominated”), statements made by Odhiambo on social media, and constitutional texts. Updates will follow as more details of the motion and parliamentary reaction become available.