Bill seeks to streamline referendum process

A Bill that seeks to consolidate the laws on the conduct of a referendum is currently before the Senate.

The proposed law provides for a transparent and fair process in order to obtain a clear expression of the will of the people by establishing the procedures for the conduct of a referendum.

The Referendum Bill (Senate Bill No. 3 of 2026) states that whenever necessary to hold a referendum to amend the Constitution in relation to a matter specified in Article 255 (1) of the Constitution, the President shall, within 30 days of receiving the Bill from Parliament notify the Independent Electoral and Boundaries Commission (IEBC) to conduct a referendum within 90 days.

The Bill sponsored by Bomet Senator Hillary Sigei states that for purposes of a referendum to amend the Constitution by popular initiative pursuant to Article 257 of the Constitution, the promoters of the initiative shall deliver to IEBC, the draft Bill information on name and national identification number of each registered voter supporting the initiative in the prescribed form and signatures of the registered voters appended against the respective voter’s information.

“The Independent Electoral and Boundaries Commission shall, within 90 days of receipt of the draft Bill and supporting signatures, avail the initiative and supporting signatures for inspection by the public at its offices, or electronically through its public portal or such other medium the Commission may approve,” states the Bill.

According to the Bill sponsored by the Senate Justice, Legal Affairs and Human Rights Committee Chairperson, the IEBC shall be required to verify that the initiative is supported by at least one million registered voters; meets the requirements of Article 257 of the Constitution, and publish a report on the verification exercise.

If the Commission finds that the requirements of Article 257 of the Constitution have not been met, it shall declare that the initiative has failed to meet the threshold under Article 257; notify the promoters, in writing and within seven days of the verification exercise of its decision.

The proposed law provides that the promoters of a popular initiative may resubmit the draft Bill and supporting signatures upon complying with the Commission’s directions as issued and if the Commission finds the requirements of subsection (3) have been met, it shall, pursuant to Article 257(5) of the Constitution, submit the draft Bill to each county assembly for consideration.

“Each county assembly shall approve the draft Bill and deliver to Speakers of both Houses copy of the draft Bill together with the certificate prescribed in the First Schedule certifying the county assembly has approved it or reject the draft Bill and deliver, to the Speakers of both Houses, the certificate prescribed in the Second Schedule certifying the county assembly has rejected the draft Bill within three months after the date it was submitted by the Commission,” states the Bill.

The Bill states that if Speakers of the two Houses do not receive a response from a county assembly within the three months stipulated under Article 257 (6), the Bill shall be deemed as not approved in respect of that county assembly and if the draft Bill is approved by majority of the county assemblies, it shall be introduced in Parliament pursuant to Article 257(7) of the Constitution.

The Bill states that each House of Parliament shall publicise the Bill and facilitate public discussion before passage and if the Bill is supported by a majority of the members of Parliament, the Speakers of the two Houses shall jointly submit the Bill to the President.

The President shall if the Bill relates to a matter specified under Article 255(1) of the Constitution, within 30 days, notify the Commission to conduct, within 90 days, a national referendum for approval of the Bill, before assenting to the Bill or does not relate to a matter specified under Article 255(1) of the Constitution, assent to the Bill within seven days.

“If one or both Houses of Parliament fail to pass the Bill, the Speaker of the relevant House shall notify the IEBC of its resolution not to pass the Bill and proposed amendment shall be submitted to the people in a referendum, If a House of Parliament does not pass or reject the Bill within 18 months, the Bill shall be deemed as not passed in respect of that House,” states the Bill.

A Bill to amend the Constitution through a parliamentary initiative relating to a matter specified under Article 255(1) of the Constitution shall be formulated in a participatory and inclusive manner taking into account all opinions and recommendations with all opinions and recommendations that are not in opposition being incorporated into a single Bill.

Where the IEBC receives a notification from the President under Article 256(5) or is notified by the Speaker of one or both Houses of Parliament that the draft Bill considered under section 8 has not been passed the Commission shall, within twenty-one days, frame the question or option to be determined during the referendum.

The  Commission may consult Parliament or in the case of a popular initiative, the promoters of the initiative, when framing the question or option it will then publish the question or option in the Gazette, in the electronic media and in a newspaper of national circulation.

“The Independent Electoral and Boundaries Commission shall conduct civic education and public sensitisation on the referendum through various platforms including local radio and television stations, social media and public forums,” states the Bill.

The Bill state that a referendum question shall be written in plain language in both English and Swahili using short sentences, simple and direct wording and familiar terms without jargon or technical language and be written in neutral language and shall avoid words that suggest a judgment or opinion, either explicitly or implicitly;

The Bill provides that a referendum question should contain information that is factual, and shall describe the issue and the options clearly and accurately and be so worded that each voter may express an opinion on the question or option by making a mark after the word “yes” or “no” on the ballot paper.

The Referendum Bill 2026 states that the IEBC shall within 14 days after publication of the question or option referred to in section 9, publish in the Gazette, in the electronic media and in a newspaper of national circulation, a notice of the holding of the referendum specifying the particulars set out.

“The gazette notice shall contain the nature of the referendum; the referendum question and option of the answer or answers; the symbols assigned for each answer to the referendum question or option; the day on which the referendum is to be held which shall be at least 45 days from the date of the publication of the notice,” states the Bill.

The gazette notice should show the polling time of the referendum; the day by which the referendum committees must have registered with the Commission and the day and time by which campaigns in support of or in opposition to the referendum question or option shall start and cease.

The Bill states that a Person intending to campaign for or against a referendum question or option may form a national referendum committee and a referendum committee in every constituency and where there is more than one question or option, indicate the questions or options it intends to campaign for or against at the time of its registration.

A person intending to register a referendum committee shall submit to the Commission an application for registration in the prescribed form; information showing that the applicant adequately represents persons campaigning for or against the referendum question or option.

“Person intending to register referendum committee should provide information relating to members appointed under section 13(1) and such other information as the Commission shall prescribe while the national referendum committee shall control and regulate the conduct and activities of its respective constituency referendum committees,” states the Bill.