The Senate of Kenya has launched public participation on the proposed Referendum Bill, 2026, in a move aimed at overhauling how referenda are conducted in the country and addressing legal gaps exposed during previous constitutional amendment attempts.
The proposed law, currently before the Senate Justice, Legal Affairs and Human Rights Committee, seeks to consolidate Kenya’s fragmented referendum laws into a single legal framework governing constitutional, county and public interest referenda.
In a statement published on X, the Senate committee said the initiative was informed by concerns raised by courts during litigation surrounding the controversial Building Bridges Initiative (BBI) process.
“The Senate Justice, Legal Affairs and Human Rights Committee has opened public participation on the Referendum Bill, 2026, which consolidates Kenya’s referenda laws and responds to gaps flagged in the BBI judgements. Memoranda due 29 May 2026,” the statement read.
The bill was read for the first time on May 5, 2026, and has since been published to allow Kenyans and stakeholders to submit views before parliamentary debate progresses.
The legislation is sponsored by Hillary Sigei, who also chairs the committee overseeing the review process.
Sigei said the proposed reforms are intended to eliminate confusion surrounding referendum procedures and provide Kenyans with a transparent and predictable system for participating in constitutional decision-making.
He noted that the current legal framework is scattered across different statutes, creating uncertainty whenever constitutional amendments requiring a referendum are proposed.
Under the proposed law, all constitutional amendment referenda under Articles 255, 256 and 257 would fall under one unified system.
The bill also incorporates provisions from the Elections Act covering voter registration, polling procedures and management of electoral offences.
The legislation further outlines timelines for conducting referenda once constitutional amendment bills are approved by Parliament.
According to the proposal, the President would be required to notify the Independent Electoral and Boundaries Commission within 30 days after approval of a constitutional amendment bill. The electoral commission would then have 90 days to organise and conduct the referendum.
For constitutional amendments to pass, the bill proposes that at least 20 per cent of registered voters in a minimum of half of Kenya’s counties must support the proposal, alongside a simple majority vote nationally.
During committee deliberations, senators also raised concerns about accountability in citizen-driven constitutional amendment initiatives.
Crystal Asige stressed the need for strict verification of signatures collected in support of referendum initiatives.
“Signatures need to be available for scrutiny, verified and traceable, as otherwise the whole programme becomes illegitimate,” Asige said.
Meanwhile, Daniel Maanzo called for stronger safeguards to ensure transparency and meaningful public participation throughout the referendum process.
He said the proposed law must guarantee that citizens are fully involved at every stage to strengthen public confidence in constitutional reforms.