Kenya Referendum Bill 2026: Proposed Rules and Current Senate Status
Updated October 9, 2026
The Referendum Bill, 2026 (Senate Bill No. 3 of 2026) proposes procedures for conducting constitutional, county and other referenda in Kenya. Introducing the Bill does not call a referendum or select a question for voters. The proposal is not yet law.
What procedures the Bill proposes
The draft covers how a referendum question would be framed and publicised, voter eligibility and registration, campaign committees, polling and results, county referenda, and petitions challenging a referendum. It would rely on many existing Elections Act procedures, adapted for referendum voting.
Proposed voting thresholds
The draft Bill proposes that a constitutional referendum question be supported by a simple majority of those voting, with at least 20% of registered voters participating in at least half the counties. For a referendum on another issue, it proposes a simple majority of votes cast. These are provisions in a draft Bill and must not be confused with the law currently in force or with the Constitution’s own amendment requirements.
Where the Bill stands
The Senate invited public submissions on the Bill in May 2026. The June 18 Senate order paper later scheduled it for Second Reading. Parliament’s bills register continued to list the Bill when checked for this update, but we could not verify a later passage or assent by October 9.
Until the Bill completes the legislative process, any referendum would be governed by the Constitution and the legislation currently in force—not automatically by this proposal.
