County Governments Election Laws (Amendment) Bill, 2024

What it would do

• Seats for persons with disabilities in every county assembly. At least five per cent of the members, or two members, whichever is greater, would be persons with disabilities. The number would be reviewed to match the number of wards in each county.
• Party lists that put persons with disabilities in line for seats. The IEBC would draw special seat members from party lists in the order the party gives, until the five per cent, or two members, is reached.
• Members elected with disabilities count. Members with disabilities who win ward seats would be taken into account when the number of nominated members is worked out.
• The full range of disabilities. Parties would have to reflect the various categories of disability, including physical, mental, intellectual, neurodivergent, developmental and sensory impairments.
• Intersecting discrimination. Nominations would have to give due consideration to discrimination shaped by gender, age, ethnicity, location, economic status and disability.
• Youth and minorities. Each county assembly would also have two nominated members representing the youth and two representing minority groups, in each case one man and one woman.

It amends section 36 of the Elections Act and section 7 of the County Governments Act.

Why it matters

The Constitution (Article 54) requires the State to progressively ensure that at least five per cent of members of elective and appointive bodies are persons with disabilities. In past elections, more than 20 of Kenya's 47 county assemblies ended up with no member with a disability. Parties submit the lists, and persons with disabilities are often placed too low on them to be nominated.

If the bill becomes law before the 2027 General Election, it would apply to the county assemblies elected on 10 August 2027.