Legal provisions for citizens' initiatives at national level

Constitution (2010)

http://www.kenyalaw.org/klr/index.php?id=741

257. (1) An amendment to this Constitution may be proposed by a popularinitiative signed by at least one million registered voters.

(2) A popular initiative for an amendment tothis Constitution may be in the form of a general suggestion or a formulateddraft Bill.

(3) If a popular initiative is in the formof a general suggestion, the promoters of that popular initiative shallformulate it into a draft Bill.

(4) The promoters of a popular initiativeshall deliver the draft Bill and the supporting signatures to the IndependentElectoral and Boundaries Commission, which shall verify that the initiative issupported by at least one million registered voters.

(5) If the Independent Electoral andBoundaries Commission is satisfied that the initiative meets the requirementsof this Article, the Commission shall submit the draft Bill to each countyassembly for consideration within three months after the date it was submittedby the Commission.

(6) If a county assembly approves the draftBill within three months after the date it was submitted by the Commission, thespeaker of the county assembly shall deliver a copy of the draft Bill jointlyto the Speakers of the two Houses of Parliament, with a certificate that thecounty assembly has approved it.

(7) If a draft Bill has been approved by amajority of the county assemblies, it shall be introduced in Parliament withoutdelay.

(8) A Bill under this Article is passed byParliament if supported by a majority of the members of each House.

(9) If Parliament passes the Bill, it shallbe submitted to the President for assent in accordance with Articles 256 (4)and (5).

(10) If either House of Parliament fails topass the Bill, or the Bill relates to a matter specified in 255 (1), theproposed amendment shall be submitted to the people in a referendum.

(11) Article 255 (2) applies, with anynecessary modifications, to a referendum under clause (10).