Inside Senate bill seeking to enforce gender rule in county cabinets
By Aloys Michael, March 25, 2026A new legislative proposal before the Senate could significantly reshape how county governments are constituted, with a strong focus on gender balance and inclusivity.
The County Governments (Amendment) Bill, 2026, sponsored by Mohamed Chute, seeks to amend Section 35 of the County Governments Act to align county leadership structures with constitutional requirements on equality and representation.
Key in the bill is the enforcement of the two-thirds gender rule, a constitutional principle that has long faced implementation challenges.
“The principal object of this Bill is to ensure compliance with constitutional principles of inclusivity and diversity in the appointment of county executive committee members,” the memorandum released on Friday, March 20, 2026, reads in part.
If passed, governors will be legally required to ensure that no more than two-thirds of county executive committee members are of the same gender when making appointments.
Beyond gender parity, the proposed law introduces stricter provisions on diversity and inclusion. County cabinets would be expected to reflect the cultural and community composition of their respective regions while also incorporating persons living with disabilities.
The proposed reforms draw directly from the Constitution of Kenya 2010, particularly Article 27(8), which sets the gender threshold for public bodies, and Article 54, which guarantees the participation of persons with disabilities in governance and public affairs.
In a move that could tighten accountability, the bill gives county assemblies expanded oversight powers during the vetting process. Assemblies will not be allowed to approve nominee lists that fail to meet the prescribed gender, diversity and inclusivity standards.
This effectively raises the bar for compliance, making it harder for governors to bypass constitutional expectations.
The legislation also introduces strict timelines for corrective action. Where a nominee is rejected and the resulting list fails to meet legal thresholds, governors will be required to submit a replacement within 14 days to restore compliance.
The proposal signals a shift from aspirational constitutional ideals to enforceable legal obligations. It also reinforces affirmative action by compelling county leaders to take deliberate steps to include marginalised groups in governance.
If enacted, the law could have far-reaching implications across Kenya’s 47 counties, forcing administrations that have previously fallen short of gender and diversity standards to reconstitute their cabinets in line with the new requirements.