The County Governments Election Laws (Amendment) Bill, 2024
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Guaranteed 5% Assembly Seats for Persons with Disabilities
Amends Section 36 of the Elections Act and Section 7 of the County Governments Act to ensure that at least five percent of county assembly members, or two members (whichever is greater), are persons with disabilities. The Independent Electoral and Boundaries Commission (IEBC) must draw these members from designated party lists.
Structured Youth and Minority Representation
Requires party lists and county assemblies to specifically designate seats for youth and minority groups. Assemblies must comprise two nominated youth members (one man, one woman) and two nominated minority group members (one man, one woman).
Inclusion of Diverse Disability Categories
Expands the scope of disability representation to cover various categories of impairment. Nominees must reflect physical, hearing, visual, mental, intellectual, neurodivergent, developmental, or sensory impairments.
Fairness and Intersectionality in Nominations
Requires political parties and nominating bodies to give due consideration to intersecting forms of discrimination when making nominations. Selection criteria must account for gender, age, ethnicity, geographical location, social economic status, and disability.
Bill No.
Bill No. 2 of 2024
Gazette No.
Supplement No. 35 of 20th February, 2024
Background
The County Governments Election Laws (Amendment) Bill, 2024 seeks to amend the Elections Act (Cap. 7) and the County Governments Act to refine the nomination processes for county assembly members. The primary goal is to ensure robust and equitable representation of marginalised groups—specifically the youth, minority groups, and persons with disabilities (PWDs)—in line with Article 177 of the Constitution of Kenya.
Key Amendments
Amendments to the Elections Act (Cap. 7)
- Section 36(1)(f) Revision: Specifies that nominations to represent marginalised groups under Article 177(1)(c) of the Constitution must include:
- Two candidates representing the youth.
- Two candidates representing minority groups within the county.
- Candidates with disabilities reflecting the number of wards in the respective county.
- Section 36(3) Revision: Mandates that the party lists for PWDs must explicitly account for diverse disability types, including physical, hearing, and visual impairments.
- Section 36(8) Revision: Directs the Independent Electoral and Boundaries Commission (IEBC) to draw special seat members from party lists in the order submitted, ensuring PWDs constitute at least five percent of the assembly members or at least two members, whichever is greater.
Amendments to the County Governments Act
- Section 7(1) Revision: Reconfigures the composition of county assemblies to explicitly include:
- Two nominated members (one man and one woman) representing the youth.
- Two nominated members (one man and one woman) representing minority groups within the county.
- Nominated representatives for persons with disabilities, matching either five percent of the total assembly membership or a minimum of two members, whichever is greater.
- Section 7(3) Revision: Requires the number of nominated PWD members to be reviewed to align with the number of wards determined by the IEBC and to account for any PWD members who were directly elected under Article 177(1)(a) of the Constitution.
New Obligations
- Party List Diversity: Political parties must structure their party lists to ensure representation across multiple disability categories, including physical, mental, intellectual, neurodivergent, developmental, and sensory impairments.
- Addressing Intersectionality: Nominating authorities and political parties must give due consideration to intersecting forms of discrimination shaped by gender, age, ethnicity, geographical location, socioeconomic status, and disability when nominating members.
- IEBC Calculations: The IEBC is obligated to calculate and adjust the special seat nominations to maintain the minimum 5% or two-member threshold for PWDs, factoring in any PWDs who won constituency elections.
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