The National Gender and Equality Commission (NGEC) was established by the National Gender and Equality Commission Act, 2011 pursuant to Article 59 (4) of the Constitution of Kenya. It is one of the three (3) successor commissions, NGEC, Commission on Administrative Justice and Kenya National Commission on Human Rights), to the Kenya National Human Rights and Equality Commission (KNHREC) established in Article 59 of the Constitution of Kenya 2010. NGEC’s mandate is informed by Section 8 of the National Gender and Equality Commission Act 2011.

As a Constitutional Commission, NGEC is bound by Article 249 of the Constitution of Kenya 2010, which provides the objects of the commissions and the independent offices as being to protect the sovereignty of the people; secure the observance by all State organs of democratic values and principles; and promote constitutionalism. The Constitution of Kenya 2010 has several provisions to guide NGEC in the implementation of its mandate. In particular, Article 10 on National Values and Principles of Governance includes; human dignity, equity, inclusiveness equality, non-discrimination and protection of the marginalized.