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KENYA ROADS ( AMENDMENT) ( NO. 3) BILL, 2025, NATIONAL ASSEMBLY BILLS NO 34 OF 2025. - DIGEST
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Page 1 1 PARLIAMENT OF KENYA THE SENATE BILL DIGEST KENYA ROADS (AMENDMENT) (NO. 3) BILL, 2025, NATIONAL ASSEMBLY BI…
1 PARLIAMENT OF KENYA THE SENATE BILL DIGEST KENYA ROADS (AMENDMENT) (NO. 3) BILL, 2025, NATIONAL ASSEMBLY BILLS NO 34 OF 2025. Sponsor: Senate Majority Leader Date of Passage by National Assembly: 7th October 2025 Date of First Reading in the Senate: 29th October ,2025 Committee referred to: Standing Committee on Roads, Transportation and Housing Type of Bill: Ordinary 1. What is the Purpose of the Bill? The Bill is intended to amend the Kenya Roads Act, Cap 408 (the Act) to reclassify roads in Kenya and to provide for the responsibilities of county governments in regard to county roads. The Bill further amends the manner in which the Road Maintenance Levy is apportioned under the Kenya Roads Board Act, Cap 408 A. 2. What informed the enactment of the Bill ? The Bill is part of broader reforms aimed at aligning road infrastructure governance with the provisions of Constitution on devolved governance. 3. Overview of the Bill The Bill seeks to amend the Kenya Roads Act, Cap. 408 to reclassify public roads into two major categories: a) National trunk roads; and b) County roads.
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Page 2 2 The Bill requires that when a new road is established, the responsible authority must request its classific…
2 The Bill requires that when a new road is established, the responsible authority must request its classification from the Cabinet Secretary, who must ensure the classification reflects the road’s function and guarantees access across all regions. 3.1 What are the responsibilities of the county governments in relation to county Roads? County governments are tasked with the planning, development, rehabilitation, and maintenance of county roads. Their responsibilities include managing road reserves, facilitating access to roadside developments, implementing road- related policies, enforcing axle load regulations under the Traffic Act, and ensuring road works meet national standards. They also will oversee traffic management and road safety, collect and analyze data for planning, monitor road usage, and prepare investment and annual road works programs. To ensure uniformity across the roads sector, each county government must implement national policies, standards, and guidelines issued by the Cabinet Secretary through legislation and administrative actions. The county executive committee member responsible for roads is specifically charged with overseeing all aspects of county road maintenance, rehabilitation, and development within their jurisdiction. 3.2 What other provisions are in the Bill? The Bill provides that public roads must display signage that shows their classification, the level of government responsible for their maintenance, and the road code. The Cabinet Secretary is mandated to define the specific size and any extra details that must appear on these signs. The Bill prohibits any individual from including their name, image, or likeness on such signage, and doing so is a punishable offence with a fine of up to one million shillings, imprisonment for up to
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Page 2 two years, or both.
two years, or both.
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Page 3 3 3.3 How will the roads be classified? The First Schedule provides that all Roads are classified into Nation…
3 3.3 How will the roads be classified? The First Schedule provides that all Roads are classified into National Trunk Roads and County Roads. The National roads are further classified into A1 National Roads A2 Urban roads and A3 Rural Roads. 3.4 What do National Roads consist of? The National Roads are the primary trunk roads. These roads are classified into three classes: a) Class As - highways connecting cities, cities to town or town to town. b) Class A - roads connecting international boundaries or international terminals like international ports. c) Class B- roads forming national routes linking county headquarters, and municipal headquarters to cities, to each other or to class A roads and inter county. 3.5 How are Urban Roads classified? The Urban roads are grouped into three classes: a) Class Au - refers to major urban arterials that support fast, long-distance travel across cities with high safety standards. b) Class Bu- includes minor urban arterials that connect different city zones and serve central business districts and main bus routes. c) Class Cu- covers major urban collectors that link arterial roads to county roads, distributing traffic to residential and other defined areas. 3.6 What are the classification of rural roads? Rural roads are classified into four categories- a) Secondary National Trunk Roads (C) roads connect major towns and form a continuous network with Class A and B roads; b) Special Purpose (SP) roads provide direct access to key national institutions and economic zones like schools, hospitals, and industrial areas;
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Page 4 4 c) Security Roads (SR) are designated for national security purposes by the Ministry responsible for Intern…
4 c) Security Roads (SR) are designated for national security purposes by the Ministry responsible for Internal Security; and d) Last Mile City Roads (LM) link arterial road to residential areas, completing urban traffic networks. 3.7 How are County Roads classified ? County roads are classified into four categories- a) Class D includes inter-ward roads linking wards and minor towns to sub- county centers and higher networks; b) Class E covers roads providing last-mile access to villages, markets, and homes, forming the bulk of Kenya’s road network; c) Class Du refers to shopping and business streets in urban CBDs and suburbs with high pedestrian access; and d) Class Eu consists of local residential streets offering direct access to homes and supporting motorized transport. 3.8 Will the amendments affect any other Laws ? Yes, the Bill proposes to amend Section 6(2) of the Kenya Roads Board Act, to change how the Road Maintenance Levy will be apportioned. The allocation to the Constituency Roads Fund has been increased from 22% to 25%, enhancing direct funding to constituencies. While the allocation for link roads between constituencies has been reduced from 10% to 7%, and the share for national roads administered by the National Highways Authority has been adjusted from 40% to 38%. Urban roads funding has also been reduced from 15% to 14%. Additional changes include a revision of the allocation for roads in national parks, which remains at 1%, but now includes a new provision of up to 1.5% for the Board’s recurrent expenditure (previously capped at 2%).
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Page 5 5 Two new allocations have been introduced: 1.5% to the department responsible for road-related constitutiona…
5 Two new allocations have been introduced: 1.5% to the department responsible for road-related constitutional functions, and 5% to county governments under Article 202(2) of the Constitution. 3.9 What is the purpose of the funds allocated to the department responsible for roads Funds allocated shall be used by the Cabinet Secretary to promote equity in road maintenance, respond to road-related emergencies, and cover oversight and administrative expenses. 3.10 Are there conditions attached to the funds allocated to county governments? The Board is prohibited from disbursing funds to county governments unless the counties have designated a department for road works and opened a special account at the Central Bank of Kenya for these funds. Counties must also comply with national road standards and submit an annual road programme at least six months before the financial year begins. The Board is tasked with defining the format and content of the annual road programme and must monitor and evaluate all projects funded. Additionally, the Board is empowered to take corrective or alternative actions to ensure compliance with the law and funding conditions. 4. Consequences of the Bill The proposed amendments in the Bill, which introduce a new classification system that includes county roads and also allocates 5% of the road levy to counties, mark a significant shift toward strengthening devolution. Formally recognizing county roads, ensures counties have direct financial support for road projects, potentially improving rural connectivity, boosting local economies, and enhancing service delivery. 5. What next?
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Page 6 6 Pursuant to standing order 145(5) of the Senate Standing Orders, the Standing Committee on Roads, Transport…
6 Pursuant to standing order 145(5) of the Senate Standing Orders, the Standing Committee on Roads, Transportation and Housing shall facilitate public participation and shall take into account the views and recommendations of the public when the Committee submits its report to the Senate. The Bill was read a First Time in the Senate on 29th October, 2025. Pursuant to standing order 148(1) of the Senate Standing Orders, the Committee is required to submit its report to the Senate within thirty (30) calendar days of the committal of the Bill to the Committee, therefore, by 28th November, 2025. What is expected of the members of public? The members of the public are expected to present their views to the Standing Committee on Roads, Transportation and Housing for its consideration. Any comments on the Bill may be submitted to the Office of the Clerk of the Senate, 1st Floor, Main Parliament Buildings, Nairobi, Kenya, through P.O. Box 41842-00100, Nairobi, Kenya or email: clerk.senate@parliament.go.ke Note: 1. The Digest reflects the Bill as published and does not cover any subsequent amendments to the Bill. 2. The Digest does not have any official legal status.
Bills Digest -Constitution of Kenya (Amendment) Bill (Senate Bills No. 7 of 2026)
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Page 1 1 PARLIAMENT OF KENYA THE SENATE BILLS DIGEST THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2026 SENATE BILLS N…
1 PARLIAMENT OF KENYA THE SENATE BILLS DIGEST THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2026 SENATE BILLS NO. 7 OF 2026 Sponsor: Sen. James Kamau Murango, MP Type of Bill: Constitution Amendment Bill A. Overview of the Bill The principal object of the Bill is to amend the Constitution and the Elections Act (Cap. 7 Laws of Kenya) to introduce new disqualifications for persons vying for elective office in both the Senate and county assemblies. Specifically, it proposes to amend Articles 99 and 193 of the Constitution, as well as sections 24 and 25 of the Elections Act (Cap. 7, Laws of Kenya) to bar individuals who are serving as county governors, or who have served as county governors within the five years immediately preceding an election, from contesting for seats in the Senate or county assemblies. The justification for the amendment is that governors, during their tenure, are subject to oversight by the Senate and county assemblies, particularly in relation to financial and administrative accountability. Audit reports prepared by the Office of the Auditor General are submitted to these oversight bodies for scrutiny. Allowing former governors to immediately transition into legislative roles within these same bodies would create a conflict of interest and potentially interfere with ongoing accountability processes. By imposing a five-year cooling-off period, the Bill aims to ensure that oversight institutions have sufficient time to complete inquiries into the conduct of former governors without undue influence. It also intends to give voters a clearer basis for assessing the suitability of such individuals for future elective office, since accountability processes would have been concluded by the time they seek re-election. It is noted that this proposal is similar
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Page 1 to an earlier Bill (Constitution of Kenya (Amendment) Bill, Senate Bills No. 52 of 2023), which was withdrawn.
to an earlier Bill (Constitution of Kenya (Amendment) Bill, Senate Bills No. 52 of 2023), which was withdrawn.
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Page 2 2 B. Consequences of the Bill County governors, in the course of their duties, have to account to their respe…
2 B. Consequences of the Bill County governors, in the course of their duties, have to account to their respective county assemblies and the Senate for any financial and administrative decisions made. Annual audit reports prepared by the Office of the Auditor General are submitted to the Senate and the relevant county assembly pursuant to section 32 of the Public Audit Act (Cap. 412C Laws of Kenya) for scrutiny. Barring former county governors from vying for elections will allow for ongoing accountability processes related to administration and financial management affairs of the county to be completed, as these would have a bearing on the suitability of the former county governor to hold any other elective position. The effect of this would be— (a) oversight bodies would have adequate time to inquire into any matters arising from the tenure of a previous holder of the office of county governor without interference by the former county governor, which is highly likely particularly if the person is elected as member of county assembly or to the Senate; and (b) voters would have a reference point in making an informed choice on the candidates suitability for another elective office since all accountability processes would have been completed. C. WAY FORWARD What next? The Bill was read a First Time in the Senate on 26th March, 2026. Pursuant to standing order 145 of the Senate Standing Orders, the Senate Standing Committee on Justice, Legal Affairs and Human Rights shall facilitate public participation and shall take into account the views and recommendations of the public when the committee submits it report to the Senate. What is expected of members of the public Members of the public are expected to present their views to the Senate Standing Committee on on Justice,
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Page 2 Legal Affairs and Human Rights for consideration.
Legal Affairs and Human Rights for consideration.
COMBINED (No. 2)County Governments Additional Allocations Bill 2022 to GP
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No. 163 (Senate Bills No. 4) REPUBLIC OF KENYA ––––––– KENYA GAZETTE S…
SPECIAL ISSUE Kenya Gazette Supplement No. 163 (Senate Bills No. 4) REPUBLIC OF KENYA ––––––– KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2022 NAIROBI, 26th October, 2022 CONTENT Bill for Introduction into the Senate– PAGE The County Governments Additional Allocations (No. 2) Bill, 2022 ........... 55 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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Page 3 55 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL, 2022 ARRANGEMENTS OF CLAUSES Clause 1 – Short …
55 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL, 2022 ARRANGEMENTS OF CLAUSES Clause 1 – Short title. 2 – Interpretation. 3 – Object. 4 – Additional allocations to county governments. 5 – Conditional allocations to county governments. 6 – Equalization Fund. 7 – Report on actual transfers. 8 – Books of accounts to reflect national government transfers. 9 – Reporting.
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Page 4 The County Governments Additional Allocations (No. 2) Bill, 2022 56 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCAT…
The County Governments Additional Allocations (No. 2) Bill, 2022 56 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL, 2022 A Bill for AN ACT of Parliament to provide for the additional allocations to county governments for the 2022/2023 financial year; the responsibilities of National Government and county governments pursuant to such allocation; and for connected purposes ENACTED by Parliament of Kenya, as follows– 1. This Act may be cited as the County Governments Additional Allocations (No. 2) Act, 2022. Short title. 2. In this Act – “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to finance; “additional allocations” means additional resources allocated to county governments from the National Government’s share of revenue or in the form of loans and grants from development partners; and “county executive committee member” means the county executive committee member in charge of matters relating to finance. Interpretation. 3. The object of this Act is to– (a) provide, pursuant to Article 202(2) of the Constitution, for additional allocations for the financial year 2022/23; (b) provide for additional allocations from proceeds of loans and grants from development partners; and (c) facilitate the transfer of conditional and unconditional allocations made to counties under this Act from the Consolidated Fund to the respective County Revenue Funds and special purpose accounts. Object. 4. (1) Additional allocations shall be funds agreed upon by the National Assembly and the Senate during the consideration of the Budget Policy Statement and shall comprise of– Additional allocations to county governments.
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Page 5 The County Governments Additional Allocations (No. 2) Bill, 2022 57 (a) additional allocations from the Natio…
The County Governments Additional Allocations (No. 2) Bill, 2022 57 (a) additional allocations from the National Government and development partners required for functions transferred to counties from the National Government pursuant to Article 187 of the Constitution; (b) additional allocations provided for under Article 202(2) of the Constitution; and (c) additional allocations in the form of loans and grants from development partners. (2) Additional funds allocated under this section shall be included in the respective county governments’ appropriation bills. (3) The National Treasury shall facilitate any agreement between a county government and a development partner and shall table the agreements in the National Assembly and the Senate before inclusion in the Budget Policy Statement. 5. (1) Conditional allocations to each county government from the National Government share of revenue for the financial year 2022/23 shall be as set out in Column D of the First Schedule, comprising – (a) conditional allocations for the construction of county headquarters as set out in Column B of the First Schedule; and (b) conditional allocations for the leasing of medical equipment as set out in Column C of the First Schedule. Conditional allocations to county governments. (2) Conditional allocations financed by proceeds of loans or grants from development partners to each county government for the financial year 2022/23 shall be as set out in Column M of the Second Schedule comprising of – (a) conditional allocations financed by a World Bank credit to finance Agricultural and Rural Inclusive Growth Project (NARIGP) as set out in Column B of the Second Schedule; (b) conditional allocation financed by a World Bank loan to finance the Kenya Climate Smart Agriculture Project (KCSAP)
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Page 5 as set out in Column C of the Second Schedule;
as set out in Column C of the Second Schedule;
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Page 6 The County Governments Additional Allocations (No. 2) Bill, 2022 58 (c) conditional allocations from EU grant…
The County Governments Additional Allocations (No. 2) Bill, 2022 58 (c) conditional allocations from EU grant to finance Instruments for Devolution Advice and Support (IDEAS) program as set out in Column D of the Second Schedule; (d) conditional allocations from a World Bank credit to finance Water and Sanitation Development Project (WSDP) as set out in Column E of the Second Schedule; (e) conditional allocations from a grant by DANIDA to finance Universal Healthcare in Devolved System Program as set out in Column F of the Second Schedule; (f) conditional allocations from a World Bank credit to finance Locally-Led Climate Action Program, (FLLoCA) for County Climate Institutional Support (CCIS) as set out in Column G of the Second Schedule. (g) conditional allocations financed by a loan from Government of Sweden to finance Agriculture Sector Development Support Programme II (ASDSP II) as set out in Column H of the Second Schedule; (h) conditional allocations financed by both loan and grant from the German Development Bank (KfW) to finance Drought Resilience Programme in Northern Kenya (DRPNK) as set out in Column I of the Second Schedule; (i) conditional allocations financed by a credit from World Bank to finance Emergency Locust Response Project (ELRP) as set out in Column J of the Second Schedule; (j) conditional allocations financed by a loan from the World Bank to finance Kenya Informal Settlement Improvement Project (KISIP II) as set out in Column K of the Second Schedule; and (k) conditional allocations financed by a grant from the World Bank to finance Locally- Led Climate Program (FLLoCA) for County Climate
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Page 7 The County Governments Additional Allocations (No. 2) Bill, 2022 59 Resilience Investment (CCRI) grant as set…
The County Governments Additional Allocations (No. 2) Bill, 2022 59 Resilience Investment (CCRI) grant as set out in Column L. (3) Conditional allocations under subsection 2(k) shall be allocated among county governments on the basis of a criteria to be determined as follows – (a) the accounting officer responsible for the conditional allocation shall in each eligible county government carry out or cause to be carried out, in accordance with the intergovernmental agreement between the National Government and each eligible county government, an assessment to determine the eligible county governments’ performance score for purposes of determining the Performance allocation for the financial year 2022/2023; (b) the allocation to the eligible county governments shall be on the basis of the criteria comprising the performance score determined under paragraph (a) and the Revenue Sharing formula approved by Parliament in accordance with Article 217 of the Constitution; and (c) the Cabinet Secretary shall publish in the Kenya Gazette the allocations determined in terms of paragraph (b). (4) Each county government’s allocation under subsection (1)(a) shall – (a) be transferred to the respective County Revenue Fund, in accordance with a payment schedule published in the Gazette by the Cabinet Secretary in accordance with section 17 of the Public Finance Management Act; and (b) only be accessed by each county government after meeting conditions set by the Cabinet Secretary responsible for that function at the beginning of the financial year. No. 18 of 2012. (5) A county governments’ allocation under subsection (2) shall be transferred to the respective County Revenue Fund in accordance with a payment schedule
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Page 8 The County Governments Additional Allocations (No. 2) Bill, 2022 60 published in the Kenya Gazette by the Cab…
The County Governments Additional Allocations (No. 2) Bill, 2022 60 published in the Kenya Gazette by the Cabinet Secretary in accordance with section 17 of the Public Finance Management Act. (6) The county governments’ allocations under subsections (1) and (2) shall, subject to subsection (7), be included in the budget estimates of the National Government and shall be submitted to Parliament for approval. (7) Allocations shall not be included in the budget estimates under subsection (5) unless – (a) the National Government and the respective county governments have entered into an intergovernmental agreement in accordance with this Act; or (b) in the case of a loan or grant by a development partner, the Cabinet Secretary and the responsible development partner have agreed in writing that the funds shall be transferred to the county government. 6. Additional allocations to the respective county government from the Equalization Fund for the financial year 2022/23 shall be as set out in the Third Schedule. Equalization Fund. 7. The Cabinet Secretary shall publish, by the 15th day of each subsequent month, a monthly report on actual transfers of all additional allocations to county governments disbursed pursuant to this Act. Report on actual transfers. 8. Each county treasury shall reflect all transfers of conditional allocations by the National Government to the respective county government in its books of accounts. Books of accounts to reflect national government transfers. 9. A county treasury shall, as part of its consolidated quarterly and annual reports required under the Public Finance Management Act, report on– (a) actual transfers received by the county government from the National Government, up to the end of that quarter or year in the format prescribed by the
Bills Digest - The Referendum Bill, 2026
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Page 1 1 PARLIAMENT OF KENYA THE SENATE BILLS DIGEST THE REFERENDUM BILL (SENATE BILLS NO. 3 OF 2026) Sponsor: Chair…
1 PARLIAMENT OF KENYA THE SENATE BILLS DIGEST THE REFERENDUM BILL (SENATE BILLS NO. 3 OF 2026) Sponsor: Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights Type of Bill: Ordinary Bill A. Purpose of the Bill The Bill seeks to consolidate the laws governing referenda and to establish clear, transparent and fair procedures for conducting referenda in a manner that reflects the will of the people. B. Types of Referenda The Bill distinguishes between three main categories of referenda as follows- (a) The first is the national referendum on constitutional amendments, which takes place when changes touch on the protected provisions of the Constitution listed in Article 255(1) of the Constitution, such as the Bill of Rights and Fundamental Freedoms, the structure of Parliament, the term of office of the President, and the independence of the Judiciary and other independent offices. In such cases, the amendment cannot take effect unless it is approved directly by the people in a referendum. These amendments may be initiated either through Parliament or through a popular initiative by citizens. A parliamentary initiative begins with Parliament proposing the amendment, while a popular initiative allows citizens to propose changes by collecting the support of at least one million registered voters. (b) The second category is the county‑level referendum, which allows people in counties to vote directly on issues that affect them. These might include matters such as county laws, petitions, or major planning and investment decisions. (c) The Bill also proposes a category of national referenda that do not involve
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Page 2 2 changing the Constitution. Parliament may call for such a vote on important national questions, for example…
2 changing the Constitution. Parliament may call for such a vote on important national questions, for example, matters of policy or public interest that require direct input from the people. C. Process for a Referendum to Amend the Constitution The Bill sets out the process that must be followed before a constitutional amendment is submitted to a referendum. Where Parliament passes a constitutional amendment relating to matters listed under Article 255(1) of the Constitution, the President must notify the IEBC to conduct a referendum within the prescribed timelines. For constitutional amendments proposed through a popular initiative under Article 257 of the Constitution, promoters must submit the draft Bill together with the signatures and identification details of at least one million registered voters. The IEBC must verify the signatures, make the proposal available for public inspection, and confirm whether the initiative meets constitutional requirements. Where the requirements are not met, the promoters may revise and resubmit the proposal. Once verified, the proposal is submitted to county assemblies for approval or rejection within three months. If approved by a majority of county assemblies, the Bill is introduced in Parliament, where both Houses must publicise the Bill, facilitate public participation, and vote on it. If Parliament approves a Bill that concerns matters protected under Article 255(1) of the Constitution, the proposed amendment must be approved by the people in a referendum before the President can assent to it. In addition, if either House of Parliament fails to pass the Bill, the proposed amendment must also be submitted to the people in a referendum. The Bill also requires constitutional amendments proposed by Parliament to be developed
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Page 2 through public participation and an inclusive process. D. Conduct of a Referendum Once a referendum has been …
through public participation and an inclusive process. D. Conduct of a Referendum Once a referendum has been triggered, the Independent Electoral and Boundaries Commission (IEBC) takes charge of managing the process. The Bill assigns the IEBC responsibility for framing referendum questions or options. This must be done within twenty‑one days of receiving formal notice. The Bill provides that the wording of a referendum question must be simple, neutral, and easy to understand in both English and Swahili. The Bill also requires the question to avoid any bias or suggestion of opinion, so that voters can make a clear choice by marking “yes” or “no.” Where necessary, the IEBC may also assign symbols to the answers, provided those symbols do not resemble those of political parties or candidates.
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Page 3 3 After the question is framed, the IEBC is required to publish it widely through the Gazette, in newspapers,…
3 After the question is framed, the IEBC is required to publish it widely through the Gazette, in newspapers, and through electronic media, and begin civic education to ensure that the public understands what they are being asked to decide. Within fourteen days of publishing the question, the Commission must issue a formal notice announcing the referendum. This notice sets out the type and purpose of the referendum, the exact wording of the question, the polling date, the campaign period, and other key details such as polling hours and deadlines for registering campaign committees. From there, the IEBC oversees the entire voting process. It designates polling stations, appoints officials, and ensures that voting procedures mirror those used in general elections, with adjustments suited to a referendum. Campaigns During the referendum process, people may want to campaign either in support of or against the referendum question. The Bill provides a clear structure for how these campaigns should be organised. Anyone who wishes to campaign must form a referendum committee, which can exist at both the national and constituency levels. A national committee is responsible for coordinating the work of its constituency committees, ensuring that activities are consistent and properly managed across the country. Before registering, each committee must appoint key officials: a leader, a chief agent and other members. The chief agent is particularly important because they oversee the committee’s affairs and provide an official signature to the IEBC for authentication. The IEBC keeps a register of all committees and their officials, making the process transparent and accountable. To ensure fairness, the Bill applies the same rules found in the Election Campaign Financing Act. This
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Page 3 means there are limits on spending, rules on contributions and donations, and mechanisms for resolving disput…
means there are limits on spending, rules on contributions and donations, and mechanisms for resolving disputes about campaign financing. E. Voting Thresholds For a referendum to be valid, it is not enough simply to hold the vote; certain thresholds must be met. The Bill sets out clear rules to ensure the outcome reflects genuine public participation. When the referendum involves amending the Constitution, two conditions must be satisfied. First, at least twenty percent of registered voters in at least half of all counties must take part in the vote. Second, a simple majority of all those who cast their ballots must support the amendment. In other words, more people must vote “yes” than “no.”
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Page 4 4 For other types of referenda that do not involve constitutional amendments, the outcome is decided purely b…
4 For other types of referenda that do not involve constitutional amendments, the outcome is decided purely by a simple majority of the votes cast, without the additional turnout requirement. Once the vote is concluded, the IEBC must declare the results within three days and certify them to the President. If the referendum approves a constitutional amendment, the President is required to assent to it within thirty days. F. Other Referenda Not all referenda are about amending the Constitution. The Bill also provides citizens with the opportunity to vote directly on local and national issues. At the county level, a referendum can be called when the county assembly wants the people to decide on a law or petition, or when at least a quarter of registered voters in a particular area sign a petition on a planning or investment matter affecting the county. Once such an issue is referred to the IEBC by the county assembly or the relevant county executive committee member, the IEBC must hold the referendum within ninety days, following the same procedures that apply nationally. At the national level, Parliament can also initiate a referendum on important questions that do not involve amending the Constitution. For this to happen, more than half of the members of each House must pass a resolution calling for the vote. Such a resolution must clearly spell out the purpose of the referendum, the question to be asked, who is eligible to vote, and how the public will be educated about the issue. Once Parliament refers the matter to the IEBC, the IEBC is required to conduct the referendum within ninety days. G. Disputes The Bill sets out the process for handling petitions to challenge the conduct, result or validity of a referendum through the courts. Anyone who believes the referendum
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Page 4 was not properly carried out, or who wishes to challenge its outcome, may file a petition in the High Court. …
was not properly carried out, or who wishes to challenge its outcome, may file a petition in the High Court. There are two main types of petitions: one that questions the conduct, result, or validity of the referendum, and another that seeks a declaration on any matter connected to it. These petitions must be filed within fourteen days of the results being announced, and served on the respondents within seven days.
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Page 5 5 The Bill also specifies who must be named in such cases. The IEBC is always a respondent when the conduct o…
5 The Bill also specifies who must be named in such cases. The IEBC is always a respondent when the conduct or result is challenged. If the referendum arose from a popular initiative, the promoters must also be included. Where a Bill from Parliament is involved, the Speaker of the relevant House must be named. A petition is heard by a three‑judge bench appointed by the Chief Justice, and the High Court must determine the case within thirty days. Importantly, once a petition is filed, the referendum results are automatically suspended until the case is resolved. At the conclusion of the hearing of a referendum petition challenging the conduct or result of a referendum, the High Court may dismiss the petition, declare the published results incorrect and direct the publication of the correct results, uphold the result of the referendum, or declare the referendum void. Where the High Court declares a referendum void, the Commission shall conduct a fresh referendum within sixty days. Appeals to the decision of the High Court can then be made to the Court of Appeal, but only on matters of law, and must be concluded within sixty days. H. Code of Conduct & Safeguards The Bill makes the existing Electoral Code of Conduct in the Elections Act binding on all participants. This means that the same standards of neutrality, equality, responsible communication, and respect for the process that apply during elections also apply during a referendum. In addition, the Bill requires referendum documents to be retained and made available for public inspection, protects the secrecy of the vote so that no one can be forced to reveal how they voted, and applies the Election Offences Act to misconduct during referenda. The IEBC is also empowered to issue or the better carrying out of the
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Page 5 purposes and provisions of this Act. I. Why this Bill Matters
purposes and provisions of this Act. I. Why this Bill Matters
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Page 6 6 Recent court decisions, particularly the Building Bridges Initiative (BBI) judgment1s, have highlighted the…
6 Recent court decisions, particularly the Building Bridges Initiative (BBI) judgment1s, have highlighted the importance of the Referendum Bill. In those cases, the High Court, the Court of Appeal, and the Supreme Court all pointed to significant gaps in Kenya’s legal framework on referenda. The courts highlighted several gaps. The High Court pointed out that existing laws, such as the Elections Act, provide a basic skeleton but fail to address key issues, including how signatures should be verified, how questions should be framed, and how public participation should be guaranteed. The Court of Appeal noted that while a referendum could technically proceed under current law, the process lacked clarity and adequate safeguards. The Supreme Court added that although the Constitution allows a referendum without a dedicated statute, the absence of such a law creates unnecessary uncertainty and exposes the process to legal challenge. The Bill therefore seeks to address the procedural gaps identified in the BBI litigation, including matters relating to signature verification, referendum procedures, referendum questions, and dispute resolution. J. Way Forward Public participation is a vital part of law-making in Kenya, and it is especially important for this Bill. A referendum is one of the most direct ways that citizens exercise their power under the Constitution. Since this Bill sets out the rules for how future referenda will be conducted, it touches directly on people’s democratic rights. It is essential for the people of Kenya, and all other stakeholders to have a meaningful opportunity to review the proposals, give feedback, and help shape the final legislation. The Bill was read a First Time in the Senate on 5th May, 2026. In accordance with standing order 145 of the