By Robert Nyasato
National Assembly (NA) Minority Whip Millie Odhiambo is drafting legislation to limit the number of times an individual can be nominated to Parliament and the 47 County Assemblies (CAs).
The Suba North MP said she intends to sponsor a Bill to ensure that no person benefits from nomination to the NA, Senate or CAs indefinitely.
“It defeats the purpose for which affirmative action was created if one person is nominated every election cycle,” she posted on Facebook.
Odhiambo, an accomplished lawyer now serving her third term in Parliament, argues that nomination should be a launching pad into competitive politics.
“Once or twice is enough. After that, please go for a competitive seat,” she added.
Nomination slots were created by the 2010 Constitution for women, youth, persons with disabilities and other marginalised groups as part of affirmative action measures to realise the two-thirds gender rule.
The Woman Representative seat, contested exclusively by women in all 47 counties, is another constitutional innovation intended to enhance women’s representation.
Though competitively elected, it is still regarded as an affirmative action seat designed to empower women and increase their numbers in Parliament.
The two-thirds gender rule, enshrined under Articles 27 and 81 of the Constitution, requires that no more than two-thirds of members of any elective or appointive body, including Parliament and CAs, shall be of the same gender.
It was envisioned as a tool to promote equality, inclusivity, and fair political representation.
At its core, the system was intended to serve as a springboard for women, youth, persons with disabilities and marginalised communities, enabling them to acquire political maturity, confidence and networks before vying for competitive seats.
But reality has fallen short of this vision.
“What was intended as a transitional empowerment mechanism has, in many cases, morphed into a cycle of dependency,” notes Odhiambo.
Instead of progressing to elective positions, some beneficiaries remain reliant on nomination, with taxpayers left to shoulder the cost of sustaining bloated wage bills across counties and Parliament.
A counterexample is Odhiambo herself. Nominated to Parliament in 2007 by ODM, she transitioned successfully to elective politics, winning the Suba North seat in 2013.
Her journey reflects what affirmative action was meant to achieve.
Sadly, such cases are the exception rather than the norm.
Contradictions in practice
The Woman Representative seat, meant to accelerate gender parity, has also attracted criticism. Ideally, a Woman Rep should leverage the role as a stepping stone to constituency politics, creating space for new female leaders.
Instead, some hold onto the seat for multiple terms, undermining the spirit of rotation and empowerment.
The Nyamira County case highlights the contradictions vividly.
In the 2022 elections, all 20 wards elected men. To comply with the Constitution, 14 members—13 women and one man—had to be nominated to the CA.
Similarly, all four constituencies elected men, as women avoided the ballot, entrenching male dominance and frustrating the law’s intent.
The challenge is not unique to Nyamira.
Nationally, Parliament has failed to implement the two-thirds gender rule despite multiple court orders and deadlines.
Political leaders—men and women alike—have dragged their feet, partly because nominations have become a convenient reward mechanism for party loyalists rather than a genuine empowerment tool.
This comes despite the irony that women and youth form the majority of Kenya’s electorate. Yet their numerical advantage rarely translates into proportional representation in elective seats, due to cultural attitudes, weak civic education, and the monetisation of politics.
With the 2027 General Election fast approaching, the critical question is whether affirmative action will finally deliver more leaders like Millie Odhiambo—or whether taxpayers will continue funding an unsustainable nomination system that undermines equality and inclusivity.
If enacted, the “Millie Bill” could go a long way towards curing this mischief.