Kenya could soon have clear rules for holding referenda after a Senate committee backed a new law aimed at settling the legal uncertainty that has surrounded the process for years.
The Senate Justice, Legal Affairs and Human Rights Committee has recommended the passage of the Referendum Bill, 2026, but wants the legislation adopted with amendments proposed by the panel.
“Having considered the Referendum Bill, 2026, and the submissions received thereon, the committee recommends that the Senate passes the Bill with amendments as proposed by the committee,” the report says.
The committee, led by Bomet Senator Hilary Sigei, said the proposed law would provide a legal basis for the different stages involved in a referendum, including how the process is started, managed and challenged.
“The Bill provides the processes for initiating, organising, conducting and challenging referenda in court. It also sets out the processes for implementation after results are declared,” the committee report states.
The proposed framework would cover constitutional amendment referenda carried out under Articles 255, 256 and 257 of the Constitution.
It would also provide for county referenda and national referenda dealing with other public matters where such votes are allowed under the proposed law.
The committee said the push for a comprehensive law follows several court cases linked to the failed Building Bridges Initiative (BBI), where the judiciary pointed to the absence of a complete legal framework for referendum processes.
The issue was considered by the High Court, Court of Appeal and Supreme Court during the BBI litigation.
“The High Court, Court of Appeal and Supreme Court all converged on the view that Kenya lacks a comprehensive, coherent referendum law capable of guiding a constitutionally compliant process,” the report says.
According to the committee, the proposed legislation would help establish an orderly process by spelling out what should happen before, during and after a referendum.
It would cover the procedures for starting a referendum and the steps involved in organising and conducting the vote. It would also provide a way for parties to challenge the process in court where disputes arise.
The law would further set out what should happen after the results have been announced, including the process for putting the outcome into effect.
The proposed legislation comes as Parliament continues to handle constitutional amendment proposals.
At least three constitutional amendment Bills are currently before Parliament.
One of the proposals seeks to increase the legislative and constitutional powers of the Senate.
Another seeks to stop governors who leave office from seeking election as MCAs or members of Parliament for five years.
The committee's proposals also include changes relating to constitutional amendments initiated through a popular initiative.
The Senate panel said establishing a clear legal framework would help address the gaps that have repeatedly featured in court proceedings on referendum-related matters.
Its recommendation now places the Referendum Bill, 2026, before the Senate for consideration, with the committee calling for the proposed amendments to be included before the legislation is passed.