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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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About 133 results

Political Rights and Association

Kenya, English

(1) Every citizen is free to make political choices, which includes the right—
(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit members for, a political party; or
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions—
(a) to be registered as a voter;
(b) to vote by secret ballot in any election or referendum; and
(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. (Art. 38)

Legislature

Kenya, English

(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 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—

(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;
… (Art. 90)

Vice-President

Kenya, English

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
(2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) (d) shall not apply to a candidate for Deputy President.
(3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
… (Art. 148)

National level

Kenya, English

The electoral system shall comply with the following principles

(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;

(d) universal suffrage based on the aspiration for fair representation and equality of vote;
… (Art. 81)

Electoral Bodies

Kenya, English

(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;
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
… (Art. 90)

Political Rights and Association

Kenya, English

The electoral system shall comply with the following principles—
(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
… (Art. 81)

Legislature

Kenya, English

(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
(c) is nominated by a political party, or is an independent candidate who is supported—
(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii) in the case of election to the Senate, by at least two thousand registered voters in the county.
… (Art. 99)

Political Rights and Association

Kenya, English

(1) A person qualifies for registration as a voter at elections or referenda if the person—
(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an election offence during the preceding five years.
… (Art. 83)

Legislature

Kenya, English

(1) The National Assembly consists of—
(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 be construed as excluding any person from contesting an election under clause (1) (a). (Art. 97)

Political Rights and Association

Kenya, English

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Art. 27)