The Constitution of Kenya (Amendment) Bill, 2024

Background

This Bill, sponsored by Senator Crystal Asige, seeks to amend the Constitution of Kenya, 2010, to address the historical exclusion of persons with disabilities (PWDs) from decision-making and legislative processes. Under the current constitutional framework, representation of PWDs in the National Assembly is lumped together with youth and workers within 12 special interest seats, and the five percent representation requirement in public bodies is subject to "progressive implementation." This amendment introduces dedicated seats and immediate realization of PWD representation.

Key Amendments

Article 54: Persons with Disabilities

• Amends Article 54(2) to delete "ensure the progressive implementation of" and replace it with "implement". This obligates the State to immediately enforce the requirement that at least five percent of elective and appointive bodies are PWDs.

Article 90: Allocation of Party List Seats

• Amends Article 90(1) to include the new Article 97(1)(ca) seats in the framework for elections based on proportional representation via party lists.

Article 97: Membership of the National Assembly

• Amends Article 97(1)(c) by removing "persons with disabilities" from the general 12-member nomination list.
• Inserts a new Article 97(1)(ca) establishing 18 seats in the National Assembly dedicated to PWDs, nominated by political parties in proportion to their total elected members.

Article 98: Membership of the Senate

• Substitutes Article 98(1)(d) to increase nominated PWD representation in the Senate from two members (one man and one woman) to three members nominated by parliamentary political parties in proportion to their total membership in the Senate.

Article 101: Election of Members of Parliament

• Amends Article 101(2) to incorporate the newly established seats under Article 97(1)(ca) into the vacancy-notification and vacancy-filling procedures overseen by the Speaker and the Independent Electoral and Boundaries Commission (IEBC).

New Obligations

• The State: Must ensure the immediate implementation of the five percent representation rule for PWDs in all elective and appointive public bodies.
• Political Parties: Must submit party lists containing qualified PWD candidates for the 18 National Assembly nominated seats and three Senate nominated seats, proportional to their overall performance in general elections.
• Independent Electoral and Boundaries Commission (IEBC): Must supervise and conduct proportional representation elections for the new PWD-dedicated seats in accordance with Article 90.