The 2022 Party List: How Proportional Representation Seats Were Allocated

Beyond the 1,882 directly elected positions, Kenya's 2022 election produced hundreds of additional seats through the party list system — nominations allocated to political parties based on their electoral performance to ensure compliance with the constitutional two-thirds gender rule and representation of marginalized groups. In theory, this system is progressive and inclusive. In practice, it was a patronage bazaar.

The party list process after 2022 involved approximately 400+ nominated positions across three levels: the National Assembly, the Senate, and the 47 County Assemblies. Understanding how these seats were allocated — and to whom — reveals a lot about the gap between Kenya's constitutional ideals and its political reality.

How the System Works

Kenya's Constitution and the Elections Act establish several categories of nominated seats:

National Assembly (12 nominated seats):

• 12 members nominated by parliamentary parties based on their proportion of elected members
• Must represent youth, persons with disabilities, workers, and other marginalized interests
• Allocated proportionally: if UDA won 47.6% of constituency seats, it gets roughly 6 of the 12 nominated seats

Senate (20 nominated seats):

• 16 women senators nominated by parties based on proportional representation
• 2 youth representatives (1 male, 1 female)
• 2 representatives of persons with disabilities (1 male, 1 female)

County Assemblies (variable, typically 10-20 per county):

• Number varies by county based on the number of elected wards
• Must ensure no gender holds more than two-thirds of seats
• Must include youth, persons with disabilities, and marginalized groups
• Total across 47 counties: approximately 680+ nominated MCA positions

2022 Party List Allocations

After the 2022 election, the IEBC gazetted party lists based on each party's electoral performance. The allocations were contested fiercely:

National Assembly Nominations:

• UDA: 6 nominated members
• ODM: 3 nominated members
• Jubilee: 1 nominated member
• Wiper: 1 nominated member
• Ford-Kenya: 1 nominated member

Senate Nominations (Women):

• UDA: 8 women senators
• ODM: 4 women senators
• Other parties: 4 women senators (split among Jubilee, Wiper, ANC, Ford-Kenya)

The most consequential nominations happened at the county assembly level, where over 680 nominated MCAs were appointed across 47 counties. These nominations are critically important because they determine whether county assemblies meet the two-thirds gender threshold. In most counties, fewer than 10% of directly elected MCAs are women — meaning the nominated slots must almost entirely go to women to achieve compliance.

The Controversy: Party Lists as Patronage

The party list process was plagued by several problems in 2022:

1. List manipulation. Parties are required to submit their party lists to the IEBC before the election. But after results were announced, several parties attempted to amend their lists — replacing names that had been submitted months earlier with politically connected individuals. The courts received dozens of challenges to these amendments.

2. Ethnic balancing within parties. While the lists are supposed to reflect national diversity, party leaders used them to reward ethnic constituencies that supported them. A UDA senator nominated from the list was expected to represent youth or disability interests but was often chosen primarily for their ethnic or regional alignment.

3. Gender compliance challenges. The two-thirds gender rule requires that no more than two-thirds of any elected or appointed body be of one gender. At the county assembly level, this meant nominated lists had to be overwhelmingly female. But in some counties, male party officials attempted to insert male nominees by claiming disability or youth representation categories — skirting the gender intent of the rule.

4. Judicial intervention. The High Court and Political Parties Disputes Tribunal handled over 50 disputes related to party list nominations in 2022-2023. Issues included: persons appearing on lists they hadn't consented to, lists not matching the gazetted pre-election submissions, and parties failing to comply with diversity requirements.

Impact on Representation

Despite the controversies, the party list system had a significant impact on representation in 2022:

• Women in National Assembly: 28 elected + 6 nominated = 34 out of 349 members (9.7%). The women representative position adds 47 more, bringing total female representation to ~23%.
• Women in Senate: 3 elected + 16 nominated = 19 out of 67 members (28.4%).
• Women MCAs: ~96 elected + ~550 nominated = ~646 out of ~2,130 total MCAs (~30.3%).

Without the party list system, women's representation would be dramatically lower. Only 28 women won constituency MP seats out of 290 (9.7%), and only 96 women won ward seats out of 1,450 (6.6%). The nominated slots are the primary mechanism keeping Kenya's elected bodies from being overwhelmingly male.

The Two-Thirds Gender Rule: Still Not Met

Despite party list nominations, Kenya still hasn't fully complied with the constitutional two-thirds gender rule at the national level. The National Assembly has roughly 23% women — far short of the required 33.3%. Multiple Supreme Court advisory opinions have declared this non-compliance unconstitutional, but no legislation has been passed to enforce it.

The enforcement gap is one of the great unresolved constitutional questions heading into 2027. Options include mandatory quotas, additional nominated seats, or structural changes to the electoral system. None has gained sufficient political support.

Lessons for 2027

The party list system will be even more contentious in 2027, particularly if the Referendum Bill 2026 — which proposes creating a Prime Minister and an Official Opposition Leader — passes. Additional positions would require additional nominations, expanding the patronage opportunities (and disputes).

For parties, the lesson from 2022 is clear: party lists are not an afterthought. They determine the composition of your legislative caucus, the balance of power in county assemblies, and your compliance with constitutional requirements. Getting the list right — and defending it in court — is as important as winning elections.

Elections don't end at the ballot box. Party list allocations shape the final composition of every legislative body in Kenya. Votrack tracks the complete picture — from polling station results to final seat allocations. Book your demo today.