BBI proposals call for national referendum

Since the launch of the BBI report and subsequently the Constitution of Kenya (Amendment) Bill, 2020, some of the political pundits, legal scholars, leaders and academicians have argued that the BBI draft bill may not require approval and enactment through a referendum.

The Constitution of Kenya, 2010, is explicit that a proposed amendment to the Constitution shall be enacted and approved by a referendum if the amendment in a bill relates to the supremacy of the Constitution, territory of Kenya, the sovereignty of the people, the national values and principles of governance, the Bill of Rights; the term of office of the president and the independence of the Judiciary and the commissions and independent offices to which Chapter 15 applies. Others are the functions of Parliament, the objects, principles and structure of devolved government or the provisions of Chapter 16.