Senate opens public participation on the Referendum Bill 2026
By Ndiritu Wanjiru, May 12, 2026The Senate Justice, Legal Affairs and Human Rights Committee has officially commenced public participation on the Referendum Bill, 2026, which aims to introduce a new legal system to improve the process of conducting referenda in Kenya.
Taking it to their social media handles on Tuesday, May 12, 2026, the Senate has said that the law to be enacted is targeted to streamline the current uncoordinated legal framework on referenda and to put into practice court directions following the Building Bridges Initiative (BBI) case.
According to the committee,the bill is meant to realise the constitutional mandate for Kenyans to have clarity, predictability and uniformity on how to exercise this right.
“The Senate Justice, Legal Affairs and Human Rights Committee has opened public participation on the Referendum Bill, 2026, which consolidates Kenya’s referenda laws and responds to gaps flagged in the BBI judgements. Memoranda due 29 May 2026,” the Senate’s statement on X read.
The committee, presided over by Senator Wakili Hillary Sigei of Bomet County, who is also the sponsor of the bill, said that the public is invited to submit written memoranda by 29th May 2026. The bill was read for the first time on 5th May 2026 and published for comment.
As the committee began its deliberations, Sigei said their job was to heal the fragmentation that the courts highlighted and to provide Kenyans with a clear, predictable and fair way to express their will.
The Bill is designed to add a single referenda framework that will include three different types of referenda: constitutional amendment referenda as provided for in Articles 255, 256 and 257 of the Constitution; county-level referenda; and public interest referenda. It also incorporates several aspects of the Elections Act, including the concept of voter eligibility, the polling process, and electoral offences, to ensure consistency of implementation.
Referendum after the parliament’s adoption
The draft legislation states that the President will be given 30 days to inform the Independent Electoral and Boundaries Commission (IEBC) after Parliament adopts a constitutional amendment bill, which then has 90 days to hold the referendum.
The bill establishes two requirements for the amendment’s passage: it must gain at least 20 per cent of the vote in at least half of the counties, and it must receive a simple majority vote.
In the deliberations, Senator Crystal Asige raised concern about the integrity of signature verification in popular initiatives, which involve a minimum of one million registered voters.
“Signatures need to be available for scrutiny, verified and traceable, as otherwise the whole programme becomes illegitimate,” Asige said.
Senator Daniel Maanzo also questioned the committee regarding the need to improve the mechanism for public participation, recognising the need for inclusivity and transparency in the law-making process.