Bill Proposes Special Parliamentary Seats to Meet Two-Thirds Gender Quota

Nairobi, Kenya — 2025-09-09 12:00 EAT. A constitutional amendment bill has been introduced in Parliament to create special seats for women in both the National Assembly and the Senate. The move aims to enforce the two-thirds gender rule by allocating additional seats to under-represented gender groups based on party performance in elections.

The Latest

• What happened now: Lawmakers, including women representatives and MPs, introduced a bill to amend Articles 90, 97, and 98 of the Constitution. If passed, the bill would top up legislative seats after each general election to ensure compliance with the two-thirds gender principle, with special seats allocated by party proportion. The measure would run for 20 years, extendable by 10 years with support from at least 233 MPs and 31 senators. 

• Why it matters: Women currently hold significantly less than one-third of legislative seats—23.2 percent in the National Assembly and even lower in the Senate—falling short of the constitutional requirement under Article 81(b). 

• Status: In draft form; requires two-thirds majority in both Houses for approval. 

Context in Brief

• The Constitution, under Article 81(b), mandates gender parity in elective bodies, but Parliament has repeatedly failed to meet it. 

• Previous efforts—including the 2023 Constitution Amendment Bill—have advanced but stalled in committee. 

• Women’s representation equity remains a longstanding challenge, prompting repeated court orders to effect legislative change. 

Law, Policy, and Process

• Constitutional Articles: Article 81(b) (electoral principle) and Article 27(8) (affirmative measures). The bill seeks amendments to Articles 90, 97, 98. 

• Mandates: Parliament must legislate to operationalize the constitutional gender rule; Judicial rulings have given Parliament deadlines to act. 

• Required Next Steps: The bill must pass second and third readings in both Houses with two-thirds support. It also requires party-level “zebra lists” to fill special seats. 

Voices and Stakeholders

• Bill’s Memo: The principal objective is “to ensure the membership of the National Assembly and Senate conforms to the two-thirds gender principle provided for in Article 81(b) of the Constitution.” 

• Historical Advocates: Past rulings—including by the High Court and Supreme Court—found Parliament in violation of the Constitution for failing to pass legislation on the two-thirds rule. 

• Current Numbers: National Assembly: 81 women versus 264 men. Senate: 20 women versus 46 men. 

Evidence & Data Box

• Women’s Representation:

  • National Assembly women: 23.2 percent.

  • Senate: under one-third, meaning at least three more women needed. 

• Top-Up Provisions:

  • If no women elected, up to 104 seats may be added in National Assembly; 7 seats in Senate. 

  • Duration: 20 years with optional 10-year extension. 

• Constitutional Provision: Article 81(b) mandates not more than two-thirds of either gender in elective bodies. 

Risks and Implications

• Governance: Enlarged legislature may increase wage bill and logistical complexity.

• Gender Politics: Top-up seats risk being tokenistic unless paired with structural reforms.

• Constitutional: Failure to pass this bill may trigger court-ordered dissolution of Parliament. 

What We Don’t Know Yet

• Will the Senate and National Assembly secure the needed two-thirds approval?

• How will parties compile and validate zebra lists transparently?

• What will be the fiscal and operational cost of expanded legislature?

• Will marginalized groups (e.g., minorities, disabled women) be included in nominations?

Timeline

• 2025-07-25: Bill introduced outlining special seats and amendment proposals. 

• 2025-09-09: Current status—awaiting readings and legislative action.

• TBD: Committee debate, vote schedules, public consultations.

What to Watch

• Next action: Readings and voting timetables in both Houses.

• Signals: Parliamentary debates, committee endorsements, controversy from opposition.

• Deadline: Future court orders may force legislative action if current Parliament remains non-compliant.