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Governors Could Be Forced to Restructure Cabinets Under New Gender Rule Bill

By Ahmed Salat Ali

A new legislative proposal before the Senate of Kenya could significantly reshape the composition of county governments by enforcing stricter requirements on gender balance, diversity and inclusion in county executive appointments.

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 provisions on equality and representation.

At the heart of the proposed law is the long-debated two-thirds gender rule, a constitutional principle that has faced persistent challenges in implementation across many public institutions.

“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,” reads part of the memorandum accompanying the Bill released on Friday, March 20, 2026.

If passed, governors will be legally required to ensure that no more than two-thirds of members of a county executive committee are of the same gender when constituting their cabinets. The move is expected to compel counties to actively consider gender balance during appointments.

Beyond gender parity, the Bill introduces stronger provisions aimed at promoting diversity and inclusivity in county leadership. Under the proposal, county executive committees will also be expected to reflect the cultural and community diversity of their respective regions, while ensuring representation of persons living with disabilities.

The reforms draw directly from the Constitution of Kenya 2010, particularly Article 27(8), which requires public bodies to comply with the gender threshold, and Article 54, which guarantees the participation of persons with disabilities in governance and public affairs.

The proposed legislation also seeks to strengthen accountability by granting county assemblies expanded oversight during the vetting process of nominees.

Under the new framework, assemblies will be barred from approving nominee lists that fail to meet the prescribed standards of gender balance, diversity and inclusivity.

This provision effectively raises the compliance bar, making it more difficult for governors to circumvent constitutional requirements.

Additionally, the Bill introduces strict timelines for corrective action. Where a nominee is rejected and the resulting list fails to meet the required thresholds, a governor will be required to submit a replacement nominee within 14 days to restore compliance.

Supporters of the proposal say the law would mark a shift from aspirational constitutional ideals to enforceable legal obligations, while reinforcing affirmative action in public leadership.

If enacted, the legislation could have far-reaching implications across Kenya’s 47 counties, compelling administrations that have previously fallen short of gender and diversity standards to restructure their county cabinets in line with constitutional requirements.

The Senate has also invited members of the public and stakeholders to submit their views on the Bill, as Parliament continues to push for greater inclusivity and representation in governance.

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