IEBC puts parties on notice over gender balance in 2027 nominations

NAIROBI, Kenya, Oct 5 -Political parties could face tighter scrutiny of their candidate lists ahead of the 2027 General Election as the Independent Electoral and Boundaries Commission moves to enforce the constitutional requirement on gender representation.

IEBC Commissioner Ann Nderitu said the commission intends to examine party nomination lists against the two-thirds gender threshold, in a move aimed at increasing the number of women appearing on the ballot.

The commission has also urged political parties to go beyond simply complying with the minimum requirement by deliberately fielding women in constituencies where they have established political support.

Nderitu said parties wield significant influence over the number of women who eventually secure elective office because of their control over the nomination process.

“Political parties hold the stake to nominate candidates. We need to have serious negotiations with political parties so that they nominate women for areas that they are likely to have persons elected because political parties have their strongholds,” she said.

She said the IEBC’s proposal was for every party to submit candidate lists that meet the minimum gender threshold, turning compliance into a requirement that can be checked before candidates proceed to the ballot.

The commissioner spoke during a high-level policy dialogue convened by the National Gender and Equality Commission (NGEC) to examine practical ways of implementing the constitutional gender principle ahead of the 2027 elections.

The meeting brought together legislators, constitutional commissions, electoral institutions, women’s parliamentary groups, development partners and other stakeholders.

Nderitu said the responsibility for improving women’s representation does not rest with the IEBC alone, noting that Parliament, political parties and other state and non-state actors all have roles to play. The commission has previously identified review of party lists, regulation of nominations, issuance of guidelines and stakeholder engagement as part of its role in advancing inclusive participation.

The renewed push comes as Parliament considers different proposals for resolving the longstanding failure to achieve the two-thirds gender requirement in the National Assembly and Senate.

Article 27(8) of the Constitution requires the State to take legislative and other measures to ensure that no more than two-thirds of members of elective or appointive bodies are of the same gender.

While the requirement has been achieved in county assemblies through gender top-up mechanisms, its implementation in Parliament has remained unresolved. IEBC documents note that several attempts to operationalise the requirement at the national level have failed.

The debate has now shifted towards a combination of legislative intervention and measures targeting political parties before candidates are cleared for the election.

The proposed Election Laws (Amendment) Bill, 2026, for instance, contains provisions seeking to require political parties to comply with the two-thirds gender principle when nominating parliamentary candidates. The Bill is among reforms being considered ahead of the 2027 polls.

At the same time, proposals before Parliament seek to introduce a top-up mechanism that would address any gender deficit after an election.

The proposals would amend constitutional provisions governing the composition of the National Assembly and Senate and provide a mechanism for increasing the number of women where election results do not meet the required threshold.

NGEC officials said the issue should not be framed as a contest between men and women but as a question of how the State will fulfil a constitutional obligation.

NGEC chief executive Purity Ngina said the right of voters to choose their representatives must be distinguished from the State’s responsibility to ensure that the final composition of Parliament complies with the Constitution.

She said individual voters exercise their constitutional right when choosing candidates, but the State must provide mechanisms to address the gender imbalance that emerges after votes are counted.

“The Constitution protects my right to choose my representative and at the same time, Article 27 (8) requires the State to take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or appointed bodies shall be of the same gender,” she said.

Ngina said responsibility for implementing the constitutional provision should therefore not be transferred to individual voters.

“We should not place that responsibility on the individual voter but to the State in accordance to the Constitution,” she said.

Gender Cabinet Secretary Hanna Wendot said the Government was also pursuing measures to implement the gender principle, pointing to proposals developed by a multi-sectoral working group.

She said the Ministry had submitted a report and draft legislative proposals to Parliament in 2024 proposing amendments to the Constitution, the Elections Act and the Political Parties Act.

Among the proposals was a top-up arrangement for the National Assembly and Senate, similar to the mechanism used in county assemblies, to address any gender deficit following an election.

NGEC chairperson Rehema Jaldesa, meanwhile, expressed frustration at the repeated failure to resolve the matter despite years of debate and legislative attempts.

She said the issue had resurfaced during virtually every election cycle without producing a lasting solution.

“Isn’t it fatiguing? Are you not as tired as me?” Jaldesa asked, describing the prolonged debate over a requirement that has been in the Constitution since 2010.

The push for greater representation has also placed renewed responsibility on women seeking elective office, with MPs and gender advocates urging aspirants to consider the political realities of the areas where they intend to contest.

They argued that women seeking elective positions need to build their campaigns around parties with established support in their respective constituencies and counties.

The IEBC has said its broader preparations for the 2027 election will include measures aimed at improving the participation of women, youth, persons with disabilities and other underrepresented groups.

With the next election less than a year away, the gender debate is therefore moving from constitutional principle to the practical question of how parties, Parliament and the electoral commission will translate the requirement into actual candidates and elected representatives.