NAIROBI, Kenya – The Senate is considering a constitutional amendment that could significantly reshape the composition of Parliament by introducing a formula to enforce compliance with the two-thirds gender rule.
The Constitutional Amendment Bill (No. 2 of 2025), tabled by Senate Majority Leader Aaron Cheruiyot, seeks to address Kenya’s long-standing struggle to achieve equitable gender representation in both the National Assembly and the Senate.
Under the proposal, whenever either House fails to meet the constitutional threshold that no more than two-thirds of its members be of the same gender, additional special-seat members would be nominated to restore balance.
“In the event the membership of the National Assembly and the Senate does not conform to the principle that not more than two-thirds of the members are of the same gender, there shall be nominated an additional number of special-seat members necessary to ensure compliance,” Cheruiyot said while introducing the Bill.
Beyond gender parity, the Bill also seeks to boost representation of persons with disabilities, aligning with the constitutional goal of ensuring that at least five per cent of all elective and appointive positions are held by persons with disabilities.
It further proposes amendments to Article 90 of the Constitution to make political party nominations more transparent and inclusive.
Parties would be required to involve their members in the preparation of party lists through fair and democratic processes, and to ensure representation of marginalised groups as outlined under Article 100.
Cheruiyot said the initiative reflects a 2022 recommendation by President William Ruto, who had urged Parliament to adopt reforms that promote inclusivity and strengthen public participation in governance.
In his memorandum to Parliament, Ruto noted that implementing a gender compliance formula would bring the National Assembly closer to parity.
For instance, with 47 woman representatives and 26 women elected in constituencies, an additional 24 nominated women would be needed to meet the one-third gender requirement.
“Trading off the increase in the parliamentary wage bill with the achievement of compliant inclusion of women in Parliament is eminently worthwhile,” Ruto stated, adding that political parties should also invest in empowering women to contest more elective seats.
However, the proposal faces financial headwinds. The Parliamentary Budget Office (PBO) estimates that the new mechanism could cost taxpayers about Sh20 billion annually.
The PBO projects that maintaining a single Member of Parliament costs roughly Sh30 million per year, factoring in salaries, allowances, transport, and constituency office expenses.
The report warns that adding more legislators under the gender rule formula would drive these costs higher, putting additional pressure on the national budget.
The debate now sets the stage for one of the most consequential discussions in recent years—whether Kenya can balance fiscal prudence with its constitutional obligation to ensure gender equity in representation.
