Since the promulgation of the 2010 Constitution, Kenya has provided for referenda as a mechanism for constitutional amendment. However, controversy has persisted over the absence of a comprehensive standalone referendum law to operationalise these provisions. This gap came into sharp focus during the litigation surrounding the Building Bridges Initiative (BBI), where the Supreme Court questioned whether a constitutionally compliant referendum process can proceed without clear enabling legislation setting out procedures and oversight mechanisms. The debate has since framed broader discussions on constitutional reform for any future referendum.  

Against that backdrop, Senator Hillary Sigei has introduced the Referendum Bill, 2026, in the Senate, seeking to establish a clear regulatory framework to operationalise Articles 255 to 257 of the Constitution. The Bill is intended to provide procedural clarity on the initiation, verification, conduct, and oversight of referenda, addressing the legal uncertainty that has featured prominently in past litigation.   

Its timing is notable, coming as the country moves closer to the next general election cycle, a period that typically heightens constitutional and political debate. This follows two previous instances in which proposals associated with members of the ruling party sought to alter or extend presidential term limits, efforts that were ultimately thwarted through judicial intervention and political resistance.  

A Deep Dive into the Proposed Referendum Procedure  

According to the Referendum Bill, 2026, the procedure for conducting a referendum varies depending on whether the issue involves a constitutional amendment, a parliamentary resolution, or a specific county matter. The formal process is triggered once the Independent Electoral and Boundaries (IEBC) is officially notified to conduct a poll.   

For a constitutional amendment, the President is required to notify the IEBC within thirty days of receiving a Bill from Parliament, with the instruction to conduct the referendum within ninety days. For other non-constitutional matters, a referendum can be initiated by a parliamentary resolution supported by more than half of the members of each House. At the county level, referenda regarding local legislation, petitions, or major investment decisions are referred to the IEBC by either the county assembly or the relevant county executive committee member.  

Once notified, the IEBC has twenty-one days to frame the specific referendum question or options. Once the question is framed, the IEBC assigns distinct symbols for “yes” and “no,” and issues a formal notice setting the referendum. The Commission also conducts civic education.  

Constitutional amendments require at least 20% turnout in half the counties and a simple majority, while other matters pass by a simple majority. Results are declared within three days and certified to the President, who must assent within thirty days. Any person may challenge the referendum in the High Court within fourteen days, with petitions determined within thirty days, and a voided referendum must be repeated within sixty days.  

Future Outlook and Political Implications of the Bill  

The Referendum Bill, 2026, is poised to attract intense public and political scrutiny as it provides the first comprehensive legal framework for operationalising referenda in Kenya. Its passage could open the door to constitutional amendments, particularly on contentious issues such as presidential term limits, addressing the long-standing perception of a ‘winner-takes-all electoral system’ and institutional reforms highlighted in the Orange Democratic Movement-United Democratic Alliance 10-point cooperation agreement.  By setting clear rules, the Bill could make future referenda more transparent and credible. Yet much will depend on how political actors interpret and engage with it: the process could either foster constructive debate on public-interest issues that need reform or become a vehicle for polarising political agendas if partisan interests dominate.