Political parties risk being sanctioned by the Independent Electoral and Boundaries Commission (IEBC) if a new gender proposal contained in the BBI document is passed.
According to the proposed legislation under the Building Bridges Initiative (BBI), political parties must ensure that their list of nominated candidates observes the principle that not more than one-third o the candidates are of the same gender.
Once implemented, the Bill states that it will facilitate the actualization of the gender rule in the electoral process from the nomination stage.
Since the 2010 Constitution was promulgated, the Parliament has, on numerous occasions, failed to enact the two-thirds gender rule in the electoral process even during nominations.
The failure on the part of the bicameral Parliament impelled Chief Justice David Maraga to issue an advisory to President Uhuru Kenyatta to dissolve Parliament because of its failure to enact a law on gender balance.
In his advisory, the CJ told the President that Parliament had blatantly failed, neglected, or refused to pass the critical law since August 2010 when the current Constitution was promulgated.
Maraga noted that all the House could do was to endure the pain, bearing in mind that choices, and particularly choices on Constitutional as obligations have consequences.
Six petitions had asked for the House dissolution, citing its several failed attempts to enact the Gender Bill regardless of four court orders.
However, the Head of State has not responded or acted on the advisory.
Leading the launch of BBI signatures on Wednesday, President Uhuru Kenyatta stated that the provision in the new Bill would cure the gender challenge.
According to President Kenyatta, under the new Bill, women leaders will comprise 50 percent of Senators, meaning they will be in charge of determining how 35 percent of the resources available will be spent.
In the new Bill under BBI reforms, there is also a new mechanism for ensuring meaningful and greater participation of women in the National Assembly.