Quick Answer
The Constitution says no more than two-thirds of the members of any elected or appointed public body may be of the same gender — a rule meant to guarantee women a substantial place in leadership. It is binding, but not yet fully achieved in Parliament.
Key facts
- No public body may be more than two-thirds one gender.
- It applies to elected and appointed bodies.
- County assemblies use top-up nominations to meet it.
- Parliament has not yet fully implemented it.
What the rule says
Articles 27(8) and 81(b) require the State to ensure that not more than two-thirds of the members of elective or appointive public bodies are of the same gender. In practice, that is a floor for women’s representation.
How it is applied
The rule is met more easily in appointed bodies and in county assemblies, which use top-up nominations to balance gender. It has proved harder in the National Assembly and Senate, whose members are mostly directly elected.
The unfinished business
The two-thirds rule is a binding constitutional requirement, but Parliament has repeatedly failed to fully implement it for the National Assembly and Senate, and the courts have flagged this gap. It remains one of the Constitution’s most-discussed unmet promises.
Why this matters to you
The rule is a measure of whether leadership reflects the whole population. Knowing it exists — and that it is not yet fully met — is part of holding the system to its own standard.
Frequently asked questions
What is the two-thirds gender rule?
No elected or appointed public body may have more than two-thirds of its members from one gender.
Is it being followed?
It is met in many appointed bodies and county assemblies, but not yet fully in the National Assembly and Senate.
Where does it come from?
Articles 27(8) and 81(b) of the Constitution.
Sources & references
- Constitution of Kenya 2010, Articles 27(8) and 81(b) — klrc.go.ke