The Referendum Bill, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
IEBC Given 90 Days to Verify One Million Signatures
For constitutional amendments proposed by popular initiative, promoters must submit a draft Bill alongside the names, national identification numbers, and signatures of supporting voters. The Independent Electoral and Boundaries Commission (IEBC) is given 90 days to verify that the initiative is supported by at least one million registered voters and to publish its verification report.
Constitutional Referenda Require 20% Turnout in Half of Counties
To successfully amend the Constitution under Articles 255, 256, and 257, a referendum must meet two major thresholds:
- Participation by at least 20% of registered voters in at least half of the counties.
- Approval by a simple majority of the citizens voting in the referendum.
Other issues submitted to a referendum only require a simple majority of voters.
Local Petitions Signed by 25% of Voters Can Trigger County Referenda
The Bill introduces a mechanism for conducting referenda within individual counties on local laws or investment decisions. For planning and investment petitions, the referendum must be supported by signatures from at least 25% of the registered voters in the respective county. Once referred, the IEBC must conduct the county referendum within 90 days.
KSh 1 Million Security Deposit Mandated for Petitions
Any person wishing to challenge the conduct, result, or validity of a referendum must file a petition in the High Court within 14 days of the result declaration. Under proposed amendments, the petitioner is required to deposit KSh 1 million as security for costs within 10 days of presenting the petition, failing which the petition will be struck out.
Unspecified Contraventions Carry KSh 1 Million Fine
To enforce compliance, the Bill establishes a general penalty for offences where no specific punishment is provided. Any person convicted of such a contravention faces a fine not exceeding KSh 1 million, imprisonment for a term not exceeding three years, or both.
Bill No.
Senate Bills No. 3 of 2026
Gazette No.
Supplement No. 13 of 2026
Sponsor
Wakili Hillary Sigei
Background
The Referendum Bill, 2026, aims to consolidate Kenyan law relating to referenda into a single, comprehensive legal framework. Previously, provisions governing referenda were scattered across different statutes, primarily the Elections Act. This Bill establishes transparent and structured processes to govern both constitutional amendments and other public votes at national and county levels.
Key Amendments
To consolidate the regulatory framework, the Bill introduces substantial amendments to existing laws:
- The Elections Act (Cap. 7): Deletes definitions of terms like "referendum", "referendum committees", and "referendum question". It repeals Sections 49 to 55 (governing the initiation and conduct of referenda) and Sections 88 to 104 (governing referendum petitions).
- The County Governments Act (Cap. 265): Repeals Section 90, which previously governed county-level referenda, shifting all county referenda procedures under this new Act.
New Obligations
The Independent Electoral and Boundaries Commission (IEBC)
- Question Framing: Within 21 days of receiving a notification to hold a referendum, the IEBC must frame the question in plain, neutral Swahili and English, avoiding jargon and leading terms, so voters can clearly select "yes" or "no".
- Public Notice: The IEBC must publish a gazette notice at least 45 days before the referendum detailing the question, polling times, and campaign periods.
- Civic Education: The Commission is obligated to conduct public sensitization through local media, social media, and public forums.
County Assemblies and Parliament
- County Assembly Turnaround: County Assemblies must approve or reject draft constitutional amendment Bills proposed by popular initiative within three months of receipt. If no response is sent, the Bill is deemed rejected by that county.
- Parliamentary Consideration: If a majority of county assemblies approve, the draft Bill is introduced to Parliament, where each House must publicize the Bill and facilitate public debate before voting.
Referendum Committees
- Registration: Any person campaigning for or against a referendum option must register a national and constituency-level referendum committee with the IEBC, specifying their leader and appointing a chief agent.
- Financing: Referendum committees must bear their own operational costs and comply with the contributions and expenditure rules set under the Election Campaign Financing Act (Cap. 7A).
Penalties
- General Penalty: Any person who contravenes a provision of the Act where no specific penalty is defined is subject to a fine of up to KSh 1 million, a prison term of up to three years, or both.
- Failing to Deposit Security: A petitioner challenging a referendum result who fails to deposit the KSh 1 million security fee within 10 days of presenting their petition will have their case automatically struck out.
- Electoral Code of Conduct: All campaign committees must subscribe to the Electoral Code of Conduct under the Elections Act. Violating this code constitutes a punishable offence.
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