Kenyan Senate Majority Leader Aaron Cheruiyot has addressed concerns over the proposed Referendum Bill 2026, stating it aims to seal legal gaps and provide a harmonized framework for conducting referendums. The bill, introduced in January 2026, is currently at the Third Reading stage in the Senate. Cheruiyot explained that previous attempts to hold constitutional referendums, such as Punguza Mzigo and the Building Bridges Initiative (BBI), were hindered by the lack of a clear legal framework.
The Referendum Bill 2026, sponsored by Bomet Senator Hillary Sigei, seeks to address legal uncertainties surrounding referendum processes. Cheruiyot assured that the bill's passage will improve the country's electoral systems. The bill's approval by the Senate is part of the legislative agenda during the Senate's sittings at the Kilifi County Assembly. The Senate Majority Leader emphasized that the bill's passage is crucial in ensuring a clear framework for future constitutional reforms.
The proposed law outlines the procedures for initiating, conducting, verifying, and overseeing referendum processes. According to the bill, the President must notify the Independent Electoral and Boundaries Commission (IEBC) within 30 days of receiving a bill from Parliament to conduct a referendum within 90 days. The IEBC is required to verify that a popular initiative is supported by at least one million registered voters and meets the constitutional requirements.
The bill's passage by the Senate coincides with the Senate Mashinani in Kilifi County, significant in constitutional review processes, including the famous Kilifi draft that led to the 2010 Constitution. Cheruiyot stated that the law-making process is the responsibility of the Senate and National Assembly, but the public has the final say on implementing the law through referendums. The bill's approval is seen as a critical step in preparing for the 2027 General Election.
Opposition leaders have expressed concerns over the bill's intentions, associating it with proposals to increase presidential term limits. However, Cheruiyot emphasized that the bill focuses solely on referendum processes. The bill provides guidelines on the process for amending the Constitution through a popular initiative, including the requirements for draft bills and supporting signatures.
The IEBC is required to avail the initiative and supporting signatures for public inspection within 90 days of receipt. If the Commission finds that the requirements have not been met, it must declare the initiative failed and notify the promoters in writing. The promoters may resubmit the draft bill and supporting signatures upon complying with the Commission's directions.
The Referendum Bill 2026 is set to be passed by the Senate and then proceed to the National Assembly for concurrence. Its approval is expected to provide a clear framework for conducting referendums in Kenya, addressing previous legal gaps and uncertainties. The bill's sponsors and supporters believe it will facilitate a smooth and transparent process for future constitutional reforms.
Key points
- The Referendum Bill 2026 aims to provide a harmonized framework for conducting referendums in Kenya.
- The bill seeks to address legal uncertainties surrounding referendum processes.
- The proposed law outlines procedures for initiating, conducting, verifying, and overseeing referendum processes.
