The Chairperson for the Constitutional Implementation and Oversight Committee of the National Assembly has published the Referendum Bill, 2020 (“the Bill”) which if enacted will provide for the procedure for amendment of the Constitution of Kenya, 2010 by popular initiative. Article 257 of the Constitution of Kenya, 2010 provides for the amendment of the Constitution by a popular initiative signed by at least one million registered voters.
The following are some of the highlights of the Bill:-
The Bill proposes that the Independent Electoral and Boundaries Commission (‘IEBC’) shall conduct a referendum within 90 days of receiving a notice under Article 257. The Bill does not specify who shall give the notice to the IEBC, however the Constitution of Kenya 2010 tasks the promoters of a popular initiative with drafting the Amendment Bill.
The Bill proposes that at least twenty-four (24) county assemblies must approve the proposed constitutional amendment before a question is put to the public through a referendum.
The Bill proposes that a referendum shall be conducted by giving the electorate the choice of accepting or rejecting a proposal by posing a question. The question shall be assigned answers in the format ‘Yes’ or ‘No’ and the answers shall be represented by a unique symbol appearing on a ballot. The proposal will be accepted if it receives the support of a simple majority of the voters in the referendum.
The Bill further proposes that a petition may be instituted to challenge the validity of the results of the referendum by any person who voted or had the right to vote in the referendum. The High Court of Kenya shall have original and exclusive jurisdiction to hear and determine referendum petitions. The timeline for filling a Referendum petition shall be within 21 days of publication of the referendum results in the Kenya gazette.
The Bill proposes that a referendum petition shall be heard and determined within six (6) months from the date of its presentation. The High Court upon hearing the referendum petition will have the power to declare the referendum to be void if the petition discloses illegalities or dismiss the petition if the petition does not disclose any illegalities by upholding either part or whole of the referendum.
The Bill also provides that the Registrar of the High Court shall submit to the IEBC a certificate containing the findings of the High Court. The IEBC will publish the results as declared by the High Court which results shall be final and will not be challenged in any court.
The Bill is yet to be introduced in the National Assembly.
We shall keep you updated on the progress of the Bill.
Please find a copy of the Bill here.
Please contact us at Info@cfllegal.com should you require further information.
