The Commission appeared before the National Dialogue Committee (NADCO) on 22^nd September 2023 and made submissions on the requirements to implement the two-thirds gender principle in the County Assemblies.

The Commission, led by the Commission Secretary/CEO, Marjan Hussein Marjan, apprised the Committee that the country had made tremendous progress towards the attainment of the two thirds principle considering that County Assemblies are compliant with the principle. However, the Commission identified a raft of challenges facing its implementation. They include:

1. Whereas the Constitution under Article 177(1)(c) read together with Section 36 (1) of the Elections Act, 2011 requires that each Assembly should have representation of a youth, PWD and marginalized groups; the mechanism for implementing the law is problematic since the Commission is required to allocate the list as per the order of priority given by the political parties.
2. Whereas the Commission is expected to consider ‘ethnic and other minorities,’ the term ethnic minorities is not sufficiently defined in the Constitution and the Elections Act.
3. Conflict between the Elections Act, 2011 and the County Governments Act, 2012 on the number of persons to be nominated under the marginalized list. Particularly, Section 7 (1) (a) of the County Governments Act provides for six (6) nominees under the marginalized list category, whereas Section 36 (Elections Act, 2011) provides for four (4) nominees in the marginalized list category.
4. Unconstitutional orders emanating from the courts: Whereas the Constitution and the Elections Act provide the qualification of a person to be nominated under Party Lists, some courts have gone beyond the legally prescribed requirements to order for de-gazzettement of qualified candidates.
5. The clamour by the political parties to amend the party lists of nominated persons after the election.

The Commission recommended to NADCO that it should define the terms ethnic and other minorities in the Elections Act, 2011 as it is not provided for in the Constitution; and it should review the County Governments Act and provide for four (4) nominees in the marginalized group and not six (6) as provided because the principal law governing conduct of elections is the Elections Act, 2011.