The Constitution Of Kenya (Amendment) Bill, 2025 (National Assembly Bills No. 29).

SPECIAL ISSUE

Kenya Gazette Supplement No.99 (National Assembly Bills No.29)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,24thJune,2025

CONTENT

Bill for Introduction into the National Assembly-

The Constitution of Kenya(Amendment) Bill,2025

NATIONALASSEMBLY RECEIVED

22JUL 2025

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

PAGE

689

THE CONSTITUTION OF KENYA(AMENDMENT) BILL,2025

A Bill for

• AN ACT of Parliament to amend the Constitution of Kenya

ENACTED by the Parliament of Kenya,as follows-

• 1.This Act may be cited as the Constitution of Kenya Short title. (Amendment) Act,2025.

2. This Act shall apply to the general elections following the coming into force of this Act.

• 3.Article 90 of the Constitution is amended in clause (1),by deleting the expression "Articles97(1)(c) and 98(1)(b), (c) and (d)" appearing immediately after the words "provided for under"and substituting therefor the expression "Articles 97(1)(c) and (ca) and 98(1)(b), (c), (d) and (da)".

4. Article 97 of the Constitution is amended-

• (a) in clause (1) by inserting the following new
• paragraph immediately after paragraph (c)-
• "(ca) the number of special seat members necessary to ensure that no more than two-thirds of the members elected under clause (i)(a) are of the same gender;"
• (b) by inserting the following new clauses immediately
• after clause (1)-
• "(1A) The number of special seats under clause (1)(ca) shall be determined after the declaration of the results of a general election.
• "(IB) The members referred to in clause (1)(c) and (ca) shall be elected in accordance with Article 90.
• "(1C)Subject to clause (1D), the provisions of clause (1)(ca) shall lapse twenty years from the date of the first general elections after commencement of this
• Act.
• "(1D) Parliament may enact legislation to extend the period under clause (1C) for one further fixed period not exceeding ten years.

Application.

Amendment ofArticle90 ofthe Constitution.

Amendment of Article97 ofthe Constitution of Kenya.

• (1E) Legislation under clause(1D) shall be supported by not less than two-thirds of all members of the National Assembly and not less than two-thirds of all the county delegations in the Senate."
• 5.Article 98 of the Constitution is amended-
• (a) in clause (l) by inserting the following new paragraph immediately after paragraph (d)-
• "(da) the number of special seat members necessary
• to ensure that no more than two-thirds of the members elected under clause (1)(a) are of the same gender;"
• (b) by inserting the following new clauses immediately after clause(l)-
• "(1A) Subject to clause (1B), the provisions of clause (1)(da) shall lapse twenty years from the date of the first general elections after commencement of this Act.
• "(1B) Parliament may enact legislation to extend the
• period under clause (iB) for one further fixed period not exceeding ten years.
• "(1C) Legislation under clause (1B) shall be supported by not less than two-thirds of all members of the National Assembly and not less than two-
• thirds of all the county delegations in the Senate."
• (c) in clause (2), by deleting the expression "(1)(c) and (d)"appearing immediately after the words "to in clause"and substituting therefor the expression
• "(1)(c),(d) and (da)".

Amendment ofArticle98 ofthe Constitution of Kenya.

MEMORANDUM OF OBJECTS AND REASONS Statement of objects and reasons of the Bill

The principal object of this Bill is to amend the Constitution to ensure

that the membership of the National Assembly and the Senate conforms to the two-thirds gender principle provided for in Article 81(b) of the Constitution. The Bill seeks to give effect to the two-thirds gender principle through the creation of special seats that will ensure that the gender principle is realized in Parliament. The Bill therefore proposes to amend Articles 90,97 and 98 of the Constitution.

Clause I of the Bill is the short title.

Clause 2 is the application clause.

Clause 3 of the Bill proposes to amend Article 90 of the Constitution toreflect the amendments proposed to Articles 97 and 98 of the Constitution.

Clauses 4 and 5 of the Bill proposes to amend Article 97 and 98 of the Constitution to ensure that both Houses of Parliament comply with the two-thirds gender principle that the special seats are allocated proportionate to the number of seats won by a political party. The number of special seats is to be determined after a general election.A sunset clause of twenty-years is included in the amendment with an option for extension for one further fixed period of ten years as it is expected that by that time enormous gains will have been made with regard to gender parity in elected members of Parliament.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

This Bill does not delegate legisiative powers nor does it limit any fundamental rights and freedoms.

Statement on how the Bill concerns county governments

Article 256 of the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution

The enactment of this Bill shall occasion additional public expenditure.

Dated the 16th June,2025.

GLADYSBOSS,BEATRICEELACHI, Deputy Speaker. Member.

JANE KAGIRI, Member Article,90 of the Constitution of Kenya which it is proposed to be amended-

• 90.(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b),(c) and (d),and for the members of county assemblies under Article 177(1)(b) and (c),shall be on the basis of proportional representation by use of party lists.
• (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-
• (a) each political party participating in a general election nominates and submits a list of all the persons who would, stand elected if the party were to be entitled to all the seats provided for under clause (1),within the time prescribed by national legislation;
• (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
• (c) except in the case of county assembly' seats; each party list reflects the regional and ethnic diversity of the people of Kenya.
• (3) The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election.
• Article 97 of the Constitution of Kenya which it is proposed to be
• amended-
• 97.(1) The National Assembly consists of-
• (a) (a) two hundred and ninety members each elected.by the registered voters of single member constituencies;
• (b) forty-seven women, each elected by the registered voters of the counties,each county constituting a single member constituency;
• (c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90,to represent special interests including the youth, persons with disabilities and
• workers;and
• (d) the Speaker,who is an ex officio member.
• (2) Nothing in this Article shall by construed as excluding any person from contesting an election tinder clause (1)(a).

Article 98 of the Constitution of Kenya which it is proposed to be amended-

98. (1) The Senate consists of -— 2. (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; 3. (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; 4. (c) two members, being one man and one woman, representing the youth; 5. (d) two members, being, one man and one woman, representing persons with disabilities; and 6. (e) the Speaker, who shall be an ex officio member.

• (2) The members referred to in clause (l)(c) and (d) shall be elected in accordance with Article 90.
• (3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (l)(a).