A fresh push has been launched in Parliament to amend the Constitution and finally implement the two-thirds gender rule, through a new bill that proposes gender top-up seats in the National Assembly and Senate after every general election.

The effort, being led by Deputy Speaker Gladys Boss, Dagoretti North MP Beatrice Elachi, and Laikipia Woman Representative Jane Kagiri, seeks to change Articles 90, 97, and 98 of the Constitution through the Constitution of Kenya (Amendment) Bill, 2025.

The Bill is intended to ensure that the composition of Parliament complies with Article 81(b), which requires that no more than two-thirds of members of elective public bodies be of the same gender.

“The principal object of the Bill is to ensure the membership of the National Assembly and Senate conforms to the two-thirds gender principle provided for in Article 81 (b) of the Constitution,” the Bill’s memo reads.

If approved, the law will introduce special seats to fill the gender gap after elections, with the exact number determined based on election results. The additional seats will be shared among political parties based on their performance in the polls.

The proposed legislation also outlines a sunset clause limiting the gender top-up provision to 20 years, with the possibility of extending it by another 10 years if necessary.

“It is expected that by that time, enormous gains will have been made concerning gender parity in elected members of Parliament,” the Bill’s memo adds.

To extend the special seat provision beyond 20 years, at least 233 members of the National Assembly and 31 senators would have to support the change.

The proposal borrows from recommendations by a task force that was part of the National Dialogue Committee (Nadco) process. While the task force wanted the top-up system implemented in the current Parliament, the Justice and Legal Affairs Committee deemed the plan too ambitious to execute immediately.

Under the new proposal, if a general election fails to meet the gender threshold, parties will be required to use zebra party lists to nominate members of the underrepresented gender.

Currently, the National Assembly has 81 women and 264 men—meaning women only make up 23.2 percent instead of the required one-third. The Senate has 46 men and 20 women, requiring at least three more women to reach the threshold.

Where no women are elected in the National Assembly, the Bill provides that 104 special seats would be added. In the Senate, seven seats would be created in such a scenario.

Despite the renewed effort, the proposed law still faces major challenges. Parliament has previously failed five times to meet the required two-thirds majority of 233 MPs to pass similar legislation.

In 2020, former Chief Justice David Maraga even advised then President Uhuru Kenyatta to dissolve the 12th Parliament over its failure to implement the gender rule.

The continued lack of compliance has affected not just women, but also persons with disability, marginalised communities, and other minority groups.

The new push could also face legal questions, especially regarding the constitution amendment process.