The County Governments Election Laws (Amendment) Bill (Senate Bill No. 2 of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No. 2 of 2024)

THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL, 2024

(A Bill published in the Kenya Gazette Supplement No. 35 of 20th February, 2024 and passed by the Senate, with amendments, on 3rd March, 2026.)

THE COUNTY GOVERNMENTS ELECTIONLAWS (AMENDMENT) BILL,2024

A Bill for

ANACTofParliament toamend theElectionsActand the CountyGovernmentsAct toprovidefornominationof members of a county assembly to represent marginalised groups and for connected purposes.

ENACTED by theParliament ofKenya,as follows

1. This Act may be cited as the County Governments Election Laws (Amendment) Act, 2024. 2. Section 36 of the Elections Act is amended - 3. (a) in subsection (l) by deleting paragraph (f) and substituting therefor the following new paragraph -- 4. (f) Article 177 (1) (c) ofthe Constitution shall include- 5. (i) two candidates representing the youth; 6. (ii) two candidates representing minority groups within the county; and 7. (i) candidates with disability reflecting the number of wards in therespective county. 8. (b) by deleting subsection (3) and substituting therefor the following new subsection -

• (3) The party list referred to under subsection (1)(f)(i) shall take into account the various disabilities including physical, hearing and visual impairments.

10. (c)by deleting subsection (8) and substituting therefor the following new subsection --

• (8) For purposes of subsection (1)(f)(ii), the Commission shall draw from the list, such number of special seatmembers in the ordergiven by the party, necessary to ensure that at least five percent of themembersof a countyassemblyor two members, whichever is greater, are persons with disability.

Short title.

Amendment of section36ofCap 7.

Amendment of section 7 of Cap.7.

3. Section 7 of the County Governments Act is amended-

• (a) by deleting subsection(1) and substituting therefor the following new subsection —

• (1)Inaddition tothe members who are electedunderArticle177(a)of theConstitution,the members who are nominated under Article 177(b) of the Constitution, and the speaker, a county assembly shall comprise--

• (a) two nominated members, being one man and one woman, representing the youth;

• (b) two nominated members, being one man and one woman, representing minority groups within the county; and

• C five percent of the total number of members contemplated in Article 177(a) and 177(b)of the Constitution,and paragraphs (a) and (b) of this subsection or two members, whichever is greater, nominatedtorepresent persons with disability.

• (b) in subsection(2) by inserting the following new paragraph immediately after paragraph (a) -

• (aa) thereis representation of thevarious categories of disability including permanent physical, mental, intellectual, neurodivergent, developmental or sensory impairments;

• (ab)dueconsideration is given tointersectingforms of discrimination shaped by gender, age, ethnicity, geographical location, social economic status and disability.

• (c) by deleting subsection(3) and substituting therefor the following new subsection——

• (3) The number of members nominated under subsection (1)(c) shall—

• (a) be reviewed to accord with the number of

• wardsdeterminedbytheIndependent Electoral and Boundaries Commission under section 26(3)(a); and
• take into account members with disability elected under Article 177(1)(a) of the Constitution.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on 3rdMarch,2026.

Endorsed for presentation to the National Assembly in accordance with the provisions of standing order 161 of theSenateStanding Orders.

SpeakeroftheSenate

PRINTEDBYTHECLERKOFTHESENATE