The Constitution of Kenya (Amendment) Bill, 2025
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Creation of Gender-Balancing Special Seats
Amends Articles 97 and 98 to introduce special seats in both the National Assembly and the Senate.
- National Assembly: Adds Article 97(1)(ca) to introduce the number of special seat members necessary to ensure no more than two-thirds of the members elected under single-member constituencies are of the same gender.
- Senate: Adds Article 98(1)(da) to establish special seats to ensure no more than two-thirds of the members elected under Article 98(1)(a) are of the same gender.
- Post-Election Determination: The exact number of special seats will be determined after the declaration of the general election results.
Twenty-Year Sunset Clause for Special Seats
Introduces a strict timeline on the gender-balancing intervention to prevent it from becoming permanent.
- Automatic Expiration: The special seat provisions will lapse exactly 20 years from the date of the first general elections held after the commencement of the Act.
Supermajority Required for Ten-Year Extension
Establishes a rigorous legislative threshold if Parliament wishes to extend the gender-balancing seats.
- Single Extension: Parliament may extend the mechanism for only one further fixed period not exceeding 10 years.
- Two-Thirds Vote: Any such extension legislation must be supported by at least two-thirds of all members of the National Assembly and at least two-thirds of all county delegations in the Senate.
Bill No.
No. 29 of 2025
Gazette No.
Supplement No. 99 of 2025
Sponsors
Gladys Boss, Jane Kagiri, Beatrice Elachi
Background
The principal object of the Constitution of Kenya (Amendment) Bill, 2025 is to amend the Constitution to ensure that the membership of both the National Assembly and the Senate conforms to the two-thirds gender principle provided for in Article 81(b) of the Constitution. The Bill aims to achieve gender parity through the creation of temporary special seats allocated to political parties in proportion to the seats won in a general election.
Key Amendments
Article 90
Amends Article 90 of the Constitution to ensure that the proportional representation and party list nomination framework includes the new special seats introduced under Articles 97 and 98.
Article 97 (National Assembly)
- New Paragraph (1)(ca): Inserts a provision for the allocation of special seat members necessary to ensure that no more than two-thirds of the constituency-elected members under clause (1)(a) are of the same gender.
- Determination of Seats: Under the new clause (1A), the exact number of special seats will be determined dynamically after the final results of a general election are declared.
- Elections: Clause (1B) mandates that these members be elected on a proportional representation basis via party lists under Article 90.
Article 98 (Senate)
- New Paragraph (1)(da): Inserts a provision for the allocation of special seat members in the Senate to guarantee that no more than two-thirds of the county-elected members under clause (1)(a) are of the same gender.
- Elections: These members will also be elected on a proportional representation basis via party lists under Article 90.
Transitional Provisions
20-Year Sunset Clause
The newly introduced special seat provisions under Article 97(1)(ca) and Article 98(1)(da) will automatically lapse 20 years after the first general elections following the enactment of the Amendment Act.
Extension Mechanism
Parliament is authorized to enact legislation to extend the gender-balancing system for a single fixed period of up to 10 years. For this extension to pass, the legislation must be supported by a supermajority of:
- At least two-thirds of all members of the National Assembly; and
- At least two-thirds of all county delegations in the Senate.
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