The State Department for Gender and Affirmative Action (SDGAA) was established following a re-organization of government ministries in Executive Order No. 1 of January 2023 Organization of Government of The Republic of Kenya and in Executive Order No 2 of November, 2023 became one of the two State Departments in the Ministry of Gender, Culture, The Arts and Heritage. i.e. the State Department for Gender and Affirmative Action the other being the State Department for Culture, The Arts and Heritage.
The Department derives its mandate from the Constitution of Kenya in Articles 10, 27, 60, 61, 81 and 100 among others and the Executive Order No. 2 of 2023. Article 10 outlines the national values and principles of governance which include equality, equity, inclusiveness and non-discrimination which provide anchorage for gender equality; and Article 27 ingrains the right to equality and freedom from discrimination.