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What It Takes to Hold a Referendum in Kenya

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What It Takes to Hold a Referendum in Kenya

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A referendum is a chance for voters to vote “Yes” or “No” on a proposed change in a constitution.

Therefore referendum is anchored in the Constitution of Kenya, 2010, to bring change that reflects the will of the people.

In other words, a referendum is a measure of a direct vote by the electorate rather than their representatives on a proposal, law, or political issue.

Article 255 of the Constitution states that a referendum becomes mandatory if a proposed constitutional amendment seeks to review areas such as sovereignty of the people, the Bill of rights national values, among others.

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Ways in Which a Referendum Can Be Initiated

There are various ways in which a referendum can be intiated which includes Parliament or by popular initiative.

In a parliamentary initiative, a constitutional amendment bill must be supported by at least two-thirds of all members of the National Assembly and the Senate.

If the proposal submitted affects matters highlighted under Article 255, it must then be submitted to a national referendum.

At the same time popular initiative scenario allows citizens to propose constitutional changes.

In this scenario, at least one million signatures are collected across the country from registered voters.

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Stages of Referendum

The Independent Electoral and Boundaries Commission (IEBC) is mandated to verify the signatures before the proposal is submitted to county assemblies, whereby over 24 out of the 47 county assemblies must approve the initiative for it to proceed to Parliament.

When the Parliament reviews the proposal and confirms that it has met the constitutional requirement, IEBC organizes and conducts the vote.

Voter education will be conducted and monitored by IEBC and results will be announced by the same Commission.

The majority of voters will determine whether the referendum passes or not.

For a referendum to pass, it must be approved by a simple majority of voters nationwide. In addition, the Constitution also requires support from at least 20 per cent of registered voters in a majority of counties.

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Parliament building for illustration purposes. PHOTO/P

Parliament building for illustration purposes. PHOTO/P

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