Gender Quotas Database
Kenya
Eastern Africa
Single / Lower House
National Assembly
| Total seats | 348 |
| Total women | 81 |
| Percentage of women | 23% |
| Gender Quota target | 33% |
| Election year | 2022 |
| Electoral system | FPTP |
| Quota type | Reserved seats |
| Election details | IDEA Voter Turnout - IPU Parline |
| Legal source | Details | |
|---|---|---|
| Quota type: Reserved seats | Constitution |
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Article 27) General principles for the electoral system. The electoral system shall comply with the following principles— (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (Article 81) (1) The National Assembly consists of— (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; (Article 97) Parliament shall enact legislation to promote the representation in Parliament of— (a) women; (Article 100) |
| Legal sanctions for non-compliance | Political Parties Act |
A party is not eligible for public funding if more than 2/3 of its elected officials are of one gender (Article 25(2) (a) Political Parties Act, 2011). |
| Rank order/placement rules | Constitution and Electoral law |
Allocation of party list seats. … (2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that— … (b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and (Constitution. Article 90) (2) A party list submitted under subsection (1) (a), (c), (d), (e) and (f) shall contain alternates between male and female candidates in the priority in which they are listed. (Elections Law. Article 36) (1) If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list. (Elections Law. Article 37) |
| Is the provision of direct public funding to political parties related to gender equality among candidates? | Yes |
The Political Parties Act 2011 states that a political party shall not be entitled to receive funding from the Fund if more than two-thirds of its registered office bearers are of the same gender See more in International IDEA's Political Finance database |
| Are there provisions for other financial advantages to encourage gender equality in political parties? | Yes, funds earmarked for gender activities |
Section 26 of the Political Parties Act 2011 states that moneys allocated to a registered political party from the Fund shall be used for purposes compatible with democracy including promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalised communities See more in International IDEA's Political Finance database |
Upper House
Upper House Senate
| Total seats | 67 |
| Total women | 21 |
| Percentage of women | 31% |
| Gender Quota target | 26% |
| Election year | 2022 |
| Electoral system | First-past-the-post |
| Quota type | Reserved seats |
| Election details | IPU Parline |
| Legal source | Details | |
|---|---|---|
| Quota type: Reserved seats | Electoral law |
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Article 27) General principles for the electoral system. The electoral system shall comply with the following principles— (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (Article 81) (1) … (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; and (Article 98) Parliament shall enact legislation to promote the representation in Parliament of— (a) women; (Article 100) |
| Legal sanctions for non-compliance | Political Parties Act |
A party is not eligible for public funding if more than 2/3 of its elected officials are of one gender (Article 25(2) (a) Political Parties Act, 2011). |
| Rank order/placement rules | Electoral law |
(1) If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list. (Elections Law. Article 37) |
Quota at the Sub-National Level
| Quota type | Reserved seats |
| Gender Quota target | 33% |
| Legal source | Details | |
|---|---|---|
| Quota type: Reserved seats | Constitution |
Principles of devolved government. County governments established under this Constitution shall reflect the following principles— … (c) no more than two-thirds of the members of representative bodies in each county government shall be of the same gender. (Article 175) Membership of county assembly. (1) A county assembly consists of— … (b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; (Article 177) County assembly gender balance and diversity. (1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender. (Article 197) |
| Rank order/placement rules | Constitution Electoral law |
Allocation of party list seats. … (2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that— … (b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and (Constitution. Article 90) (2) A party list submitted under subsection (1) (a), (c), (d), (e) and (f) shall contain alternates between male and female candidates in the priority in which they are listed. (Elections Law. Article 36) (1) If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list. (Elections Law. Article 37) |
Voluntary Political Party Quotas*
| Party | Official Name | Details, Quota provisions |
|---|---|---|
| Democratic Party | Democratic Party (DP) |
The Democratic Party has a policy of affirmative action that reserves one third of all seats for women (which has not always been put into practice). |
| Jubilee Party | Jubilee Party (JP) |
In constituting party organs, no one gender shall comprise more than two thirds (2/3) of the membership (Article 28(2) of the Party Constitution). |
| Orange Democratic Movement | Orange Democratic Movement (ODM) |
In the Endeavour to reach the objective of full representation ofwomen in all decision -making structures the Party shall implement aprogramme of affirmative action, including the provision of a quota ofnot less than one-third (1/3) in all organs, appointments, committees,nominations to enable such effective participation. (Article 12.0.1 of the Party Constitution) |
* Only political parties represented in parliament are included. When a country has legislated quotas in place, only political parties that have voluntary quotas that exceed the percentage/number of the national quota legislation are presented in this table.
Additional information
The percentage of women is calculated from the current number of seats occupied in the parliament. The National Assembly has 350 statutory seats. The Senate has 68 statutory seats.
In 1997 a constitutional amendment was passed which allowed the President to appoint 12 nominated seats in parliament. Six of these seats had been reserved for women. A major constitutional reform process, which marked the adoption of the new Constitution in August 2010, mandated the establishment of the new, bicameral parliament, and provided for reserved seats for women and gender parity in candidate lists. In addition, the Political Parties Act 2011 provides financial incentives aiming to promote women’s political participation. In particular, a political party shall not be entitled to receive public funding if ‘more than two-thirds of its registered office bearers are of the same gender’. The Act also stipulates that public funding allocated to registered political parties shall be used for purposes compatible with democracy, including ‘promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalized communities’.
The new constitutional provisions for gender equality in the electoral system were first implemented in the March 2013 general elections. Importantly, in the run up to the elections, the Attorney General of Kenya sought the opinion of the Supreme Court on the issue of the manner of applicability of the constitutional requirement of no less than two-thirds of one sex in the composition of any public body to these elections. In its ruling the Court favored the progressive implementation of this principle.
Sources
Legal Sources:
- Constitution of Kenya - Link
- Elections Act 24/2011 (amended through 3/2022) - Link
- Political Parties Act 11/2011 (amended through 2/2022) - Link
- National Gender and Equality Commission Act (2012) - Link
Other Sources:
- Parliament of Kenya - Link
- Despite increased representation Kenyan politicians still face gender barriers (2023) - Link
- The Political Participation of Women in Kenya The Political Participation of Women in Kenya (2023) - Link
- Political party financing and equal participation of women in Kenyan electoral politics: a situation overview (2015) - Link
- "Championing Women’s Political Leadership: Delivering the One-Third Promise in Kenya" United Nations Development Programme,
- Inter-Parliamentary Union, IPU Parline Kenya
Additional reading
- Frankson, J.R. (ed.). 2001. The First Step: Getting in the Door. New York: WEDO.
- Duri, P.F. 1999. ‘Women in the Shadow of Politics’, WomanPlus, 6, No.3, p. 24.
- Inter-Parliamentary Union. 1997. Democracy Still in the Making: A World Comparative Study. Geneva: Inter-Parliamentary Union.
- Kabebari-Macharia, J. 1997. ‘Asserting the Right to Political Decision-making’, GENDEReview – Kenya's Women and Development Quarterly 4. No. 1. p. 13-14.
- Ondego, O. 1997. ‘Obstacles to women's empowerment’, GENDEReview – Kenya's Women and Development Quarterly 4, No. 2: 5-6.
- House-Midamba, B. 1996. ‘Gender, Democratization, and Associational Life in Kenya’, Africa Today, Vol. 43, No. 3: pp. 289-305.
- The Constitution of Kenya Review Commission.
- Kenya Parliament website, http://www.parliament.go.ke/
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