The County Governments Election Laws (Amendment) Bill, 2024

Background

Pursuant to Article 177(1) of the Constitution, a county assembly consists of elected members, special seat members for gender balance, and members representing marginalized groups (including youth and persons with disabilities). However, the existing provisions under Section 7 of the County Governments Act, 2012 and Section 36 of the Elections Act, 2011 do not allocate specific quotas to individual special interest groups. Consequently, during recent general elections, over twenty counties lacked representation for persons with disabilities, while others lacked representation for youth. This Bill seeks to resolve these gaps by implementing the constitutional principle that at least five percent of county assembly members are persons with disabilities, while also securing equitable slots for youth and other marginalized groups.

Key Amendments

Amendment of the Elections Act (No. 24 of 2011)

• Section 36(1)(f) is replaced to specify that nominees to represent marginalized groups under Article 177(1)(c) of the Constitution must include:
  • Two candidates representing the youth;
  • Two candidates representing a marginalized group; and
  • Candidates with disabilities reflecting the number of wards in the respective county.
• Section 36(3) is amended to mandate that the party list for candidates with disabilities takes into account physical, hearing, and visual impairments.
• Section 36(8) is amended to direct the Independent Electoral and Boundaries Commission (IEBC) to draw special seat members from the party list in the order provided to ensure at least five percent of assembly members are persons with disabilities.

Amendment of the County Governments Act (No. 17 of 2012)

• Section 7(1) is substituted to define the composition of nominated members under Article 177(1)(c) of the Constitution:
  • Two members (one man, one woman) representing the youth;
  • Two members (one man, one woman) representing marginalized groups; and
  • Five percent of the total membership of the assembly (contemplated under Article 177(a), (b), and the youth/marginalized quotas) nominated to represent persons with disabilities.
• Section 7(2) is amended to insert paragraph (aa), requiring representation across various categories of disabilities including physical, hearing, and visual impairments.

New Obligations

• Political Parties: Must organize their nomination party lists under Article 177(1)(c) to strictly include the designated numbers of youth, marginalized groups, and persons with disabilities, while actively incorporating diverse forms of impairment (physical, hearing, and visual).
• The Independent Electoral and Boundaries Commission (IEBC): Must draw from the provided party lists to ensure the statutory five percent minimum threshold for persons with disabilities is fully met within every county assembly.