Article 27(8) - Constitution of Kenya, 2010
"The State shall take legislative and other measures to implement the principle of equality and freedom from discrimination, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination, ensuring that not more than two-thirds of the members in any elective or appointive body are of the same gender."
Constitution of Kenya — Article 27
Every person is equal before the law and has the right to equal protection. The State shall take legislative and other measures to implement the principle of equality, including affirmative action programmes.
Constitution of Kenya — Article 81(b)
No more than two-thirds of the members of elective or appointive bodies shall be of the same gender. This is the constitutional foundation for gender parity in Kenya's public institutions.
Political Parties Act
Regulates the registration and conduct of political parties, including requirements for gender inclusivity in party organs, membership, and nomination processes.
Elections Act — Gender Nomination Rules
Political parties are required to include women in their nomination lists. Parties must submit lists that comply with the two-thirds gender principle or risk rejection of their candidate lists.
National Gender and Equality Commission Act
Establishes the National Gender and Equality Commission (NGEC) with the mandate to promote gender equality and freedom from discrimination across all sectors.
County Governments Act — Section 14
Requires that county assemblies ensure the two-thirds gender principle in the composition of their committees and appointments. County governors must also reflect gender balance in their cabinets.
Public Service Commission Act
Governs appointments to the public service, including gender balance requirements in recruitment and promotion processes across all government ministries and departments.
Implementation note: Despite these constitutional and legislative protections, the two-thirds gender rule remains unfully implemented in Kenya's legislature. Women hold approximately 24% of National Assembly seats (2022) - below the constitutionally required 33%. Enforcement remains a critical advocacy priority for CRAWN Trust and the broader women's rights movement.