Sixteen years after the 2010 Constitution promised that no more than two-thirds of any elective or appointive body would be of the same gender, the principle is once again at the centre of national debate as parties prepare for the 2027 General Election.

Pressure is building on two fronts: on Parliament to pass enabling legislation, and on the IEBC and political parties to ensure women are not shut out of elective posts. Speakers at a forum convened in Nairobi on October 2, 2026 by the National Gender and Equality Commission (NGEC), including NGEC chair Rehema Jaldesa and Dagoretti North MP Beatrice Elachi, pressed for action before the polls, The Standard reported.

Court order on the Cabinet

On June 30, 2026, a three-judge High Court bench ruled by majority that President William Ruto's Cabinet breached Article 27(8) of the Constitution because more than two-thirds of its members were of one gender, the Nation reported. Justices Eric Ogola and Stephen Githinji held that the provision was immediate and enforceable for appointive bodies, while Justice Jairus Ngaah dissented on other grounds. The court gave the President 120 days to reconstitute the Cabinet, a period that runs out at the end of this month.

The petitions were filed by governance activist Wanjiru Gikonyo, the Kenya Human Rights Commission and Katiba Institute.

Bills before Parliament

Two constitutional amendment proposals seek to close the gap through special seats. The Constitution of Kenya (Amendment) Bill No. 29 of 2025, sponsored by Deputy Speaker Gladys Boss Shollei, Ms Elachi and Laikipia Woman Representative Jane Kagiri, would add "top-up" seats after each election whenever one gender falls below the threshold in either House, with a sunset clause after 20 years, according to The Eastleigh Voice. A separate Senate proposal by Majority Leader Aaron Cheruiyot also provides for gender top-up seats.

Previous attempts to pass such a law have repeatedly collapsed for lack of quorum or support among MPs.

Ruto's 50-50 promise

During the 2022 campaign, Ruto's Kenya Kwanza manifesto pledged to realise the two-thirds rule within 12 months and to give women half of all Cabinet positions, the Nation has reported. His first Cabinet fell well short of that mark. In March 2026, UDA chairperson and Embu Governor Cecily Mbarire publicly questioned why the NADCO report was silent on the rule, prompting the President to assure her that his parliamentary group supported it, The Star reported.

The numbers

  • Women held 82 of 346 National Assembly seats (23.7 per cent) and 21 of 67 Senate seats (31.3 per cent) as of 2024, according to Institute of Economic Affairs data cited by The Star.
  • Only three of the 47 elected senators are women.
  • Women make up about 12.8 per cent of governors.

What happens next

Attention now turns to whether the President complies with the court's deadline, whether Parliament schedules the amendment bills before the election, and how parties handle nominations and party lists, which the IEBC says fall within its role in applying the principle in 2027.

Photo: Jorge Láscar / Wikimedia Commons, CC BY-SA 2.0