The Independent Electoral and Boundaries Commission (IEBC) has backed a proposed law seeking to increase the representation of persons with disabilities in county assemblies by making it mandatory for political parties to include them in nomination lists.
IEBC Director of Legal Services Chrispine Owiye presented the commission’s submissions on the County Governments Election Laws (Amendment) Bill, 2024, before the National Assembly’s Justice and Legal Affairs Committee (JLAC) on Thursday, October 22.
Sponsored by Senator Crystal Asige, the bill seeks to amend the Elections Act and the County Governments Act to provide for the nomination of Members of County Assembly (MCAs) representing marginalised groups.
At the core of the bill is addressing gaps in the allocation of special seats, particularly the representation of persons with disabilities.
An undated photo of proceedings at the Kilifi County Assembly
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Kilifi County Assembly
IEBC on Thursday confirmed that it supported the Bill’s objective of advancing inclusion and representation, in line with the Constitution’s provisions on the rights of persons with disabilities. The commission also highlighted its own proposed reforms to electoral laws intended to prioritise persons with disabilities in political party lists.
Article 54(2) of the Constitution requires the State to ensure the progressive implementation of the principle that at least five per cent of members of elective and appointive bodies are persons with disabilities.
However, the loophole which Senator Asige's bill seeks to close is the fact that the existing framework for county assembly nominations does not automatically guarantee that the constitutional threshold will be met.
Under Section 36 of the Elections Act, party lists for special seats in county assemblies must include eight candidates, with at least two representing persons with disabilities, two representing the youth and two representing marginalised groups.
With this in mind, Asige’s Bill proposes changing the arrangement by providing for candidates with disabilities in numbers reflecting the wards in each county. It also seeks to ensure that county assembly party lists account for different categories of disability, including physical, hearing and visual impairments.
Under the proposed amendments to the Elections Act, IEBC would draw nominees from party lists in the order submitted by political parties, selecting enough members to ensure that persons with disabilities account for at least five per cent of a county assembly or two members, whichever is greater.
Further, the bill proposes changes to the County Governments Act to provide a clearer allocation of special seats among the youth, minority groups and persons with disabilities.
The proposed framework includes two nominated members representing the youth, two representing minority groups and additional nominees with disabilities based on the prescribed threshold.
Elsewhere, IEBC also proposed measures under the Elections (Amendment) Bill, 2026, to prioritise persons with disabilities in political party lists.
The proposals form part of the commission’s wider efforts to strengthen inclusion in electoral processes, although their final provisions will depend on Parliament’s consideration of the Bill.
The County Governments Election Laws (Amendment) Bill, 2024, has already passed the Senate with amendments and was referred to the National Assembly for consideration.
Nominated Senator Crystal Asige speaking during a convention on March 2, 2024
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crystal asige