Kenya, national Popular or citizens initiative [PCI] - Amendment by popular initiative

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Kenya
Political level
national
Local Name:
Amendment by popular initiative
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 257.
(1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).

References: Constitution of Kenya, 2010; (accessed August 31, 2018)

Subject Matter:

To amend the constitution by citizen initiative

Actors

Author:
citizens
Initiator:
citizens
Decision maker:
electorate : If the Houses of Parliament fail to pass the bill

Requirements

Number Of Signatures:
1 000 000
Available Time:
No information found in legal source
Turnout Quorum:
255 (2) A proposed amendment shall be approved by a referendum under clause (1) if— (a) at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum;
Approval Quorum:
255 (2) (b) the amendment is supported by a simple majority of the citizens voting in the referendum.
Geographical Quorum:
255 (2) A proposed amendment shall be approved by a referendum under clause (1) if— (a) at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum;
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: