Kenya is a country located in East Africa, it is bordered with Somalia, Ethiopia, South Sudan, Uganda, and Tanzania, and also has a coast along the Indian Ocean. The capital city Nairobi is located in the central south of the country nearest to the border with Tanzania.
The area Kenya is located today is an area where hominids believed to be direct ancestors of humans once lived, East Africa as a whole is thought to be one of the earliest places where modern humans lived, evidence from 100s of thousands of years ago point towards early emergence of long-distance trading networks, usage of pigments, and possibly projectile points.
The first inhabitants of the area that is Kenya were hunter-gatherers who were eventually mostly replaced by agropastoralist Cushitic peoples from the Horn of Africa, as the climate moved from a drier to a wetter one, agriculture and herding begun to develop. Nilotic-speaking pastoralist peoples begun migrating to the area from present-day South Sudan in 500 BC, such Nilotic ethnic groups existing today include the Kalenjin, Samburu, and Luo among others.
Bantu-speaking farmers arrived by the first millennium AD, these peoples had originated in present-day eastern Nigeria and western Cameroon. The Bantu peoples brought advances and developments in agriculture and ironworking; many Bantu ethnic groups exist in Kenya today.
Many of these Bantu peoples settled along the coasts initially and created communities that consisted of ironworkers, subsistence farmers, hunters, and fishers, with this and their trade with foreign states supporting the economy, and these peoples are thought to have possibly formed the earliest-known city states in the area, which together were known as Azania.
This time became known as the Swahili trade period, and by the 1st Century AD these trading city-states had started to establish trading relations with Arab states, boosting the economy, and introducing Arabic and Islamic influences to the region. The Kilwa Sultanate would rise during the medieval period, stretching from Kilwa in present-day Tanzania across the entire Swahili Coast including present-day Kenya, said to have been founded by a Persian Sultan from present-day southern Iran called Ali ibn al-Hassan Shirazi, although some historians speculate that claims of Arab and Persian origin of these city-states were attempts by the Swahili to make themselves locally and internationally legitimate.
Trading links would continue to expand to other city-states, and also other areas of Persia, Arabia, and India. The Portuguese would establish a presence in Kenya from 1498, with Mombasa coming under Portuguese rule twice, with the first time lasting from 1593 to 1698, while the second time only lasted from 1728 to 1729. In the 17th Century the Swahili coast was conquered by Omani Arabs who expanded the slave trade to meet demands in Oman and Zanzibar, the Portuguese also started buying slaves from the region to counter interruption of the transatlantic slave trade by British abolitionists.
In 1885 the German Empire established a protectorate over the Sultan of Zanzibar’s coastal possessions, and the British Imperial East Africa Company arrived in 1888, to prevent imperial rivalry the German Empire handed over its coastal holdings to the British in 1890, becoming known as the British East Africa Protectorate. The Uganda Railway was built through the country by the British, which was resisted by some ethnic groups such as the Nandi, leading to the British placing the Nandi in an ethnic reserve to stop them interfering with the construction of the railway which was eventually completed.
The railway construction was built via many Indian workers with they and their descendants mostly remaining in Kenya, which formed a number of distinct Indian communities in the region.
During World War I the Governors of British East Africa and German East Africa initially agreed a truce to prevent hostilities, but this would not last as Lt. Col. Paul von Lettow-Vorbeck was given command of the German East Africa forces, and he was determined to tie up British resources and conducted a successful guerrilla campaign and did not surrender until 14-days after the Armistice had been signed. During the war the British created a labour force of 400,000 Africans known as the Carrier Corps to support the British in East Africa.
The British made the protectorate into a colony in 1920 and named it after the region’s tallest mountain, Kenya. The early 20th Century saw the interior central highlands settled by British and other European farmers, who became rich from the farming of tea and coffee, and their benefit to the economy allowed them political influence. Over a million members of the Kikuyu peoples, a Bantu ethnic group native to central Kenya, had lived in these highlands but found that under European terms they had no real land claims and so lived mostly as traveling farmers, unable to permanently settle.
The rich European farmers further protected their interests by banning growing of coffee, introducing hut tax, and granted those with no land less and less land for their work, this led to many of the native peoples leaving the area for cities in hopes of making a better living.
Kenya became important for the United Kingdom during World War II for its manpower and agriculture, Kenya also saw fighting on its territory between Allied and Italian forces. Following the 2nd world war discontent of British rule grew, leading to the Mau Mau Rebellion from October 1952, many in this uprising were part of the Kikuyu ethnic group.
The colonial Governor declared a state of emergency, requested and obtained British and African troops to begin counter-insurgency operations. The British saw success against the rebellion and also gained understanding of the Mau Mau command structure through interrogation. This led to the development of Operation Anvil from April 1954 which placed Nairobi under an effective military siege, and residents of the city were screened, and any who were suspected of being Mau Mau supporters were hauled off to detention camps, without trial and often receiving brutal treatment.
The Home Guard formed the core of the forces, made up of loyalist Africans, rather than British. The Home Guard killed as many as 4,646 Mau Mau, almost half of the total insurgents. The final defeat came when loyalist forces captured Dedan Kimathi in October 1956 ending the rebellion. Following this land tenure reforms were made, with the effect of rewarding loyalists and punishing Mau Mau.
Shortly after this in 1957 the first direct-elections for a Legislative Council in Kenya were allowed to take place. The British had hoped for power to be handed to moderate local rivals, but instead the pro-Independence supporting Kenya African National Union under Jomo Kenyatta won and formed the government, such would lead to independence in 1963, a year before this in 1962 Somalis living in Kenya who wished to join Somalia rather than being kept part of an independent Kenya were given a referendum, it showed 86% of Somalis in Kenya wished to join Somalia, but this was ultimately rejected by the British colonial authorities.
Kenya became independent on 12th December 1963 with the United Kingdom ceding sovereignty over the Colony of Kenya, and the Sultan of Zanzibar agreeing to cede sovereignty of the Protectorate of Kenya, allowing all of Kenya to become a sovereign state. One year later in 1964 Kenya officially became a Republic. Somali rebels unhappy with not being allowed to join Somalia waged an insurgency against the government known as the Shifta War, a ceasefire was signed in 1967, but instability continued until 1969 where a defence pact was signed with Ethiopia.
Under Jomo Kenyatta Kenya went through a period of corruption, human rights abuses and also autocratic rule after all opposition parties were banned, Kenyatta ruled until his death in 1978. The abuses, including several civilian massacres, and autocracy continued under the next President Daniel arap Moi, a failed military coup happened in 1982 which led to snap elections but Moi was retained as President. Following the 1988 election there was widespread support for democratic constitutional reform, the transition to a multi-party democracy would finally begin from 1991, with Moi dissolving the Parliament in 1992 for multi-party elections, again corruption and intimidation was rife and Moi retained power, but despite this the ruling party had lost 88 seats to the opposition parties, signaling to many the beginning of Moi’s downfall.
Moi continued to cling to power including via the ruling party amending the constitution to allow him to run for a further term, re-electing Moi in 1997, after this Moi was unable to run again due to constitutional limits and schemed instead to have a loyalist replace him, Uhuru Kenyatta (Kenyatta would later be elected President in 2013 and was re-elected in 2018), but this failed with an opposition candidate winning the presidency in 2002, they became the first elections to be judged as free and fair.
The 2007 election led to severe ethnic violence and death and led to the reinstatement of the Prime Minister position (which had been abolished by Kenyatta the first President) to settle tensions. A new constitution was adopted in 2010 limiting powers of the President, abolishing the Prime Minister position again, and created devolved powers from Central Government, creating County Governments. It is once again possible that the Prime Ministerial position will be reinstated dependent on a 2021 constitutional referendum.
The largest ethnic group in Kenya are the Kikuyu, other large groups include the Luhya, Kalenjin, Luo, Kamba, Somalis, Kisii, Mijikenda, and Meru. The official languages are English and Swahili, with Swahili also being the national language. The largest religion is Protestant Christianity. The country’s currency is the Kenyan shilling. The country’s population is over 54,785,740.
Government Type
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Kenya is a presidential representative democratic republic where the President is both the Head of State and Head of Government. Legislative Government consists of a bicameral parliament made up of the National Assembly which is the lower chamber and the Senate which is the upper chamber. Multiple parties are allowed. Although there have been great improvements since the reintroduction of multi-party elections, civil and political rights violations remain a problem.
Political parties must have a national character as prescribed by an Act of Parliament, a democratically elected governing body, promote and uphold national unity, abide by democratic principles of good governance, promote and practise democracy through regular, fair, and free elections within the party; respect right of persons to participate in the political process, including minorities and marginalized groups; respect and promote human rights and fundamental freedoms, and gender equality and equity; promote the objects and principles of this Constitution and the rule of law; and subscribe to and observe the code of conduct for political parties.
Political parties cannot be founded on religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis; engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person; establish or maintain a a paramilitary force, militia, or similar organisation; engage in bribery or other forms of corruption; and following electoral laws on usage of public resources to promote its interests or its candidates in elections.
It is also of note that the Prime Ministerial position may be reintroduced if a constitutional amendment is accepted in a referendum at some point this year, this means that the President will be reduced to just a Head of State, with the Prime Minister appointed by the President based on majority-party representation, heading the Government.
Under the 2010 constitution, powers were devolved from the Central/National Government to County Governments, allowing them control over certain legislative areas and other reserved powers, while the Central Government gives oversight and controls all other legislative areas and powers. There are currently 47 counties, with Nairobi City being its own county.
Some rights and fundamental freedoms of persons serving in the country’s Defence Forces and National Police Forces may be limited in areas that include Privacy, Freedom of Association, Assembly, Demonstration, Picketing, Petition, Labour relations, Economic and social rights, and Rights of Arrested Persons.
The Executive Government
The President is currently the Head of State and Head of Government and as such has a number of functions, powers, and duties before them and at their disposal. It is the job of the President to respect, uphold, and safeguard the constitution, as well as safeguard the sovereignty of the Republic, promote and enhance unity of the Nation, promote respect for diversity of the people and communities in the country, and ensure protection of human rights, fundamental freedoms, and rule of law.
There is also a Deputy President who assists the President.
Presidential Vacancy
If there is a permanent vacancy in the presidency then the Deputy President will finish off the remainder of the term, if that is not possible then the Speaker of the National Assembly will assume the presidency as Acting President and a Presidential Election will be held within 60-days.
During temporary absence of the President, the Deputy President acts as President until the President’s return. The President can also decide to have the Deputy act as President at any other time.
If there is a vacancy in the Deputy Presidency then the President nominates a new Deputy President who shall be confirmed by the vote of the National Assembly.
Presidential Duties
The President gives assent to legislation passed by the Parliament or may send it back for a reconsideration.
The President is the Commander-in-Chief of the country’s Defence Forces and also Chairperson of the National Security Council.
The President receives foreign diplomatic and consular representatives.
The President gives an address to the opening of Parliament, and also addresses a special sitting of Parliament on an annual basis, and may address Parliament at any other time. The President reports on measures taken and progress achieved in addresses to the Nation.
The President has the power to establish a public office in accordance with the recommendation of the Public Service Commission.
The President nominates and appoints judges of the superior courts on recommendation of the Judicial Service Commission. Judges must retire by age 70.
The Chief Justice and Deputy Chief Justice are appointed by the President on recommendation of the Judicial Service Commission for 10-year term, and then approved by the National Assembly. Chief Justice is President of the Supreme Court and Deputy Chief Justice is Vice-President of that court.
The Judicial Service Commission includes the Chief Justice as Chairperson; one Supreme Court Judge elected by judges of the Supreme Court; one Court of Appeal Judge elected by the other judges of the Court of Appeal; one High Court Judges and one magistrate, man and women, elected by members of the association of judges and magistrates; the Attorney-General; two advocates, man and women, with at least 15-years’ experience, elected by statutory body responsible for professional regulation of advocates; one person nominated by Public Service Commission; one women and one man to represent the public, who are not lawyers, appointed by the President and approved by the National Assembly. All members hold 5-year terms excluding Chief Justice and Attorney-General.
The President appoints the members of the Public Service Commission who are approved by the National Assembly.
The President appoints the Auditor-General who is approved by the National Assembly.
The President declares war with the approval of the Parliament.
The President has the Power of Mercy, this includes granting a free or conditional pardon to a person convicted of an offense; postponing carrying out of punishment; substituting a less severe form of punishment; and remitting all or part of a punishment. These powers are exercised in accordance of advice from the Advisory Committee on the Power of Mercy.
The above Committee members include the Attorney-General, Cabinet Secretary responsible for correctional services, and five other members as prescribed by an Act of Parliament who cannot be in public office or a State officer.
Director of Public Prosecutions is nominated and appointed by the President with approval from the National Assembly.
Presidential Removal
The President or Deputy President may be removed from office on the grounds of incapacity or through impeachment.
For incapacity, it must be supported by at least a quarter of all members of the National Assembly, this will move a motion to investigate the President’s or Deputy’s physical or mental capacity to perform the functions of office, this motion must then be approved by a majority of the members of that House. If approved the Chief Justice is informed by the Speaker of that House, the Chief Justice will then appoint a tribunal that include three persons qualified to practise medicine under the laws of Kenya, nominated by the body responsible for regulating professional practice of medicine.
One advocate of the High Court is nominated by the body that regulates professional practice of advocates, and finally another person nominated by the President or Deputy.
The tribunal will hold an inquiry and will report back within 14-days to the Chief Justice and Speaker of the National Assembly, if it concludes the President or Deputy is incapable of performing functions there shall be a vote of the National Assembly whether to ratify it, if it is ratified by majority vote then the President or Deputy is removed from office.
A motion to impeach the President or Deputy can be moved in the National Assembly by at least a third of all members, impeachment can be on the ground of a gross violation of a provision of the Constitution or of a law; serious reasons for believing the President has committed a crime under national or international law; or for gross misconduct.
The motion must receive support from at least a two-thirds majority in the National Assembly, if this happens the Speaker of the National Assembly informs the Speaker of the Senate who will then convene a meeting of the Senate to consider the charges, the Senate may appoint a special committee that comprise 11 of its members to investigate the charges. If the charges are substantiated then the Senate will vote on this, if two-thirds vote against the President or Deputy then they are removed from office.
National Executive
The National Executive is the national government of Kenya and comprises the President, the Deputy President, and the members of the Cabinet. As well as Head of State the President is Head of Government currently and therefore head of the National Executive. The President exercises executive authority with assistance of the Deputy President and Secretaries of the Cabinet.
With approval from Parliament the President may appoint or dismiss Cabinet Secretaries, the Attorney-General, the Secretary to the Cabinet, Principal Secretaries (recommended by Public Service Commission), high commissioners, ambassadors, diplomatic and consular representatives, and any other State or public Office the President is empowered to appoint or dismiss by the Constitution.
Principal Secretaries administer State Departments.
There may be no less than 14 Secretaries and no more than 22. Cabinet Secretaries cannot be members of Parliament.
The National Assembly has the power to adopt a motion to force the President to remove a Cabinet Secretary. Such a motion is moved with the support of at least one-quarter of all members, on grounds of gross violation of consitution or law, serious reasons on committing national or international crime, or gross misconduct. If the motion is supported by at least one-third of members a Select Committee is formed that comprise of 11 members to investigate the matter. If it finds the allegations to be substantiated then the Assembly affords the Cabinet Secretary an opportunity to be heard, and vote whether to approve the resolution, if a majority approve then the President is required to dismiss the Cabinet Secretary.
Cabinet Secretaries must attend a Committee of the National Assembly or Senate when required by said Committees to answer any question/s concerning a matter for which the Cabinet Secretary is responsible. They must also provide Parliament will full and regular reports concerning matters under their control.
The President chairs the meetings of Cabinet, directs and coordinates the functions of ministries and government departments, and assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary.
Emergency Provisions
A State of Emergency may be declared under Articles 132 (4) (d) only when the State is under threat from war or invasion, general insurrection, disorder, natural disaster, and other public emergency, and that the declaration is necessary to meet the circumstances for the emergency declared.
The State of Emergency declaration, and any legislation enacted under it or other action taken in consequence of the declaration, are effective only prospectively, and for not longer than 14-days from the date of the declaration, unless the National Assembly resolves to extend the declaration.
States of Emergency cannot be extended for longer than two months at a time, with first extension requiring a two-thirds majority, and any subsequent extensions needing at least three-quarters majority.
The Supreme Court may decide on the validity of declarations of State of Emergency, extensions, and laws passed or actions taken using the emergency powers. Legislation enacted during a State of Emergency may limit a right or fundamental freedom of the Bill of Rights only to the extent that it is strictly required by the emergency, and such legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency.
The Legislative Government
The legislative government is a bicameral one including the National Assembly as the lower chamber and the Senate as the upper chamber. It is the job of the Parliament to have legislation introduced, debated, possibly amended, and either passed or rejected. Parliament can also consider and pass amendments to the country’s constitution, and has the power to alter county boundaries. Parliament must protect the Constitution and promote democratic governance.
Legislation passed by Parliament goes on to the President to be signed. The President within 14-days of the bill being passed either gives assent or refers the bill back to Parliament for reconsideration, with note on the President’s reservations on the bill.
The Parliament can either choose to amend the bill based on the reservations, or they can pass the same bill again or a bill with amendments that do not fully accommodate the President’s reservations via a two-thirds majority in the National Assembly and if needed by two-thirds of the delegations in the Senate. The President must then give assent to the bill within 7-days and if he/she does not then the bill will automatically be considered to have been given assent.
Both the National Assembly and Senate have a Speaker and Deputy Speaker who are impartial and represent the chambers, they also keep order, and make sure chamber rules are abided by. The Speakers are elected by the members of Parliament, the Speaker is elected from outside of Parliament and cannot be a member of Parliament, this will make them an ex-officio member when elected. The Deputy Speakers are elected by members from among themselves. Speakers do not have a casting vote in ties.
At joint-sittings of both Chambers the Speaker of the National Assembly presides over the joint-sitting assisted by the Senate Speaker.
Speakers and Deputy Speakers term lasts as long as Parliament’s term, but they can be removed early by members via a majority of at least two-thirds.
In the Parliament there are recognised a majority leader and minority leader. The majority leader is the leader of the largest party or coalition in the National Assembly while the minority leader is the leader of the 2nd largest party or coalition in the National Assembly. The order of precedence goes, Speaker of the National Assembly, Majority Leader, and then Minority Leader.
People have the right to petition Parliament to consider any matter within its authority, including enacting, repealing, or amending legislation.
Both Houses of Parliament can establish committees, and make their own Standing Orders for orderly conduct of proceedings, including those of the committees. Joint-Committees can also be established that consist of members from both Houses with procedure jointly-regulated. Relevant committees may consider legislation and appointments before they are tabled with the full membership of the House.
Either House of Parliament, and its committees, also have the power to summon any person to appear before them to give evidence or provide information. They have the power to enforce attendance of witnesses and examine them on oath, compel production of documents, and issue a commission or request to examine witnesses abroad.
The Parliamentary Service Commission manages the services of the Parliament, including providing services and facilities, constituting offices, appointing and supervising office holders, preparation of annual estimates of expenditure of parliamentary service for National Assembly approval, exercising budgetary control, among other parliamentary functions.
The members of this commission are the Speaker of the National Assembly as Chairperson, seven members appointed by Parliament of whom four (at least two women) are nominated equally from both Houses by the party or coalition forming national government, and three of whom by the non-governing parties with one of whom nominated from each House and at least one woman.
One man and one woman are also appointed by Parliament from among persons experienced in public affairs, but who are not members of Parliament.
The National Assembly
The National Assembly is the lower chamber of Parliament representing people of the constituencies and currently has 349 members fixed by the constitution with a Speaker who is an ex-officio member, for more information on how they are elected look to the Electoral System section below. The National Assembly has reserved power over determining allocation of national revenue between levels of government, appropriate funds for expenditure by the national government and other national state organs, and exercises oversight over national revenue and its expenditure. Money bills must first originate in the National Assembly.
For the National Assembly to proceed on a Money bill they must only do so in accordance with the recommendation of the relevant Assembly Committee after taking into account the views of the Cabinet Secretary responsible for finance.
The National Assembly also reviews the conduct in office of the President, Deputy President, and other State Officers and can initiate the process of removing them from office. Also exercises oversight of State organs.
And it is reserved to the National Assembly to approve declarations of war and extensions of States of Emergency.
For the National Assembly to function at least 50-members need to be present.
The Senate
The Senate is a relatively new chamber only established in 2013 (although there had been a Senate previously but it had been abolished in 1966), up until that point Kenya only had a unicameral parliament consisting of just the National Assembly. It has 67 members along with a Speaker who is an ex-officio member, for more information on how they are elected look to the Electoral System section below.
The purpose of the Senate is to represent the counties, and serves to protect interests of the counties and their governments. This means that the Senate participates in law-making by considering, debating, and either approving or rejecting legislative bills concerning counties.
The Senate also determines allocation of national revenue among counties, and exercises oversight over this national revenue allocated to county governments.
The Senate also considers and determines resolutions on the removal of the President or Deputy President started by the National Assembly.
If the Senate passes a special bill that concerns county governments, then the National Assembly may only veto or amend it via a resolution supported by at least a two-thirds majority. If a bill concerning county’s is passed by one House and rejected by the other then the bill is referred to a mediation committee.
Bills concerning counties that are passed by one House and then amended by the other House will have that Bill return to the originating House and if passed by them again will go to the President to be signed. If the amendment is rejected then the bill is referred to a mediation committee.
Mediation committees are appointed by the Speakers of both Houses and consist of equal numbers of members from both Houses. The committee will attempt to come up with a bill acceptable for both Houses to pass. If the mediation committee is unable to agree on a bill within 30-days or a version they agree on is rejected by Parliament again then the bill is considered defeated.
For the Senate to function at least 15-members must be present.
The Electoral System
Kenya’s constitution sets out a number of principles for its electoral system, these include but are not limited to, no more than two-thirds of the members of elective public bodies can be the same gender and fair representation of persons with disabilities, others are universal suffrage, and free and fair elections. The Supreme Court decides on any challenges to validity of election and may annul elections determined invalid and fresh elections would then be held.
Presidential Elections happen every 5-years, it goes by a two-round absolute majority system, to be declared winner in the first round a candidate requires more than half of all votes cast in the election and at least 25% of the votes cast in each of more than half of the counties. If such a criterion is not met then a 2nd round is held between the two best performing candidates which is won by simple majority. The Deputy President is elected on the same ticket, they are also limited to two terms.
To qualify for nomination as a presidential candidate a person must be a Kenyan citizen by birth, qualified to stand for election as a member of Parliament, and is either nominated by a political party or is an independent that is nominated by not fewer than 2,000 voters from each of a majority of the counties. The presidency is limited to two terms.
Elections for the National Assembly (lower chamber) take place every 5-years, 290 of the members are elected from single-seat constituencies using the first-past-the-post system which only requires a simple majority to win, 47 further female members are elected one per county also using the first-past-the-post system, and finally 12 further members are nominated by parliamentary political parties according to their proportion of members in the National Assembly, representing special interests, such as youth, persons with disabilities, and workers
Elections for the Senate (upper chamber) also take place every 5-years, 47 members are elected one per county using first-past-the-post system, and 20 further members are co-opted by the political parties via proportional representation from party lists, 16 of whom must be female, 2 who are co-opted to represent the youth (one a man, one a women), and 2 who are co-opted to represent persons with disabilities (one a man, one a women).
To be eligible as a candidate for election in Parliament one must be a Kenyan citizen who is registered to vote, satisfies any educational, more, and ethical requirements in the Constitution or law; is nominated by a political party, or is an independent candidate who is supported by at least 1,000 registered voters in a constituency if for the National Assembly, or by at least 2,000 registered voters in a county if for Senate.
Those disqualified include State Officer or other public officer, other than a member of Parliament, persons who have held a seat on the Electoral and Boundaries Commission in the preceding 5-years, has not been a citizen of Kenyan for 10-years preceding the election, is already a member of a county assembly, is of unsound mind, is an undischarged bankrupt, subject to sentence of imprisonment of at least six months, or person who has misused or abused state or public office.
To vote in elections one must be a Kenyan citizen who is at least 18-years-old, is of sound mind, and has not been convicted of an election offence during the preceding 5-years. Voting is not mandatory.
Sources
The source for this constitution comes from Kenya’s 2010 Constitution (constituteproject.org) but it is of note there will soon be a referendum held on accepting a new amendment to the constitution and so this may become outdated soon. I also may have missed some things or misinterpreted other things so cross-research is suggested for those using this seriously.
The constitution can be amended via a bill introduced to either House of Parliament, it must be adopted by a two-thirds majority in both Houses, a referendum may need to be held if amendment/s relates to supremacy of the constitution; territory of Kenya; sovereignty of the people; national values and principles of governance; the Bill of Rights; President’s term; independence of judiciary, commissions, and independent offices; functions of Parliament; objects, principles, and structure of devolved government; or provisions on amendment of constitution.
To approve an amendment in a referendum said amendment must be supported by at least 20% of registered voters in each of at least half of the counties, and by a simple majority of citizens voting in the referendum. With or without referendum the final step is for the President to give assent to the amendment.
Amendments can also be brought about via popular initiative, a proposal signed by at least one million registered voters, after review by the Electoral and Boundaries Commission then the draft bill is submitted to each county assembly for approval, then if that is successful the bill is introduced to Parliament who may pass it via a majority of the members of each House, then it is given to the President for assent.
Next up will be the government system of Kiribati.
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