The Referendum Bill, 2026

12 Feb 2026 domainSenate Senate Bills No. 3 of 2026 Gazette: Supplement No. 13 of 2026
View original PDF

Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

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.

2

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.

3

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.

4

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.

5

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.

Comments (0)

No comments yet. Be the first to start the discussion!