The Senate of Kenya has invited members of the public to submit memoranda on the Referendum Bill, 2026 (Senate Bills No. 3 of 2026), following its First Reading in the Senate on Tuesday, 5 May 2026.
The Bill has been committed to the Standing Committee on Justice, Legal Affairs and
Human Rights for consideration in line with Standing Order 145(5), which requires committees to facilitate public participation and consider public views before reporting to the Senate.
The Bill provides a legal framework for the conduct of referenda in Kenya, setting out processes for initiation, organisation, conduct, and legal challenge.
It also defines procedures for implementation after results are declared. The legislation applies to constitutional amendment referenda, county referenda, and other public issue referenda as specified in the Bill.
Submission of Memoranda by the Public
Pursuant to Article 118 of the Constitution and Standing Order 145(5) of the Senate Standing Orders, the Standing Committee on Justice, Legal Affairs and Human Rights has invited members of the public to submit written memoranda on the Bill.
The Committee is required to take into account public views and recommendations when preparing its report to the Senate.
Members of the public may submit their representations in writing to the Clerk of the Senate, P.O. Box 41842-00100, Nairobi, hand-delivered to the Office of the Clerk of the Senate at the Main Parliament Buildings, Nairobi.
All submissions must be received on or before Friday, 29 May 2026 at 5.00 p.m.
Importance of Public Participation in Law-Making
Parliament has emphasized that the public participation process is central to the legislative process and ensures that citizens’ views are incorporated into national law-making.
The Referendum Bill, 2026 is a key piece of legislation as it establishes the legal framework for how referenda will be initiated, conducted, and concluded in Kenya, including processes for legal challenges and post-referendum implementation.
The Standing Committee on Justice, Legal Affairs and Human Rights will review all submissions received within the stipulated timeline before preparing its report to the Senate.
Members of the public are therefore urged to actively participate in the process by sending their memoranda through the appropriate channels before the deadline of Friday, 29 May 2026 at 5.00 p.m., as required by the constitution and Senate Standing Orders.
This method aims to promote democratic governance by allowing for broad involvement in lawmaking and increasing transparency in constitutional and public decision-making processes throughout the country.
It increases people’ roles in making national policy and fosters accountability within the legislative framework through organized consultation and review processes developed in accordance with parliamentary procedures in Kenya.
