Addressing the Senate Assessment and Planning Retreat on Saturday, the leadership of the Justice, Legal Affairs and Human Rights Committee (JLAHRC) moved to solidify Kenya’s constitutional framework through two pivotal legislative interventions.

𝐄𝐬𝐭𝐚𝐛𝐥𝐢𝐬𝐡𝐢𝐧𝐠 𝐚 𝐏𝐞𝐫𝐦𝐚𝐧𝐞𝐧𝐭 𝐑𝐞𝐟𝐞𝐫𝐞𝐧𝐝𝐮𝐦 𝐋𝐚𝐰

Chairman Sen. Wakili Hillary Sigei presented the Referendum Bill, 2026, arguing that the nation can no longer rely on the "untested" and fragmented provisions of the Elections Act. He cited the 2021 BBI court rulings as proof that Kenya lacks a dedicated legal structure for signature verification and referendum conduct.

"The court found the attempt to amend the Constitution flawed because we lack a specific legal framework," Sigei told the senators. "This Bill consolidates all referendum laws into a single statute. It sets clear timelines, such as 90 days for signature verification and 45 days’ notice before a vote. We are creating a system that ensures legal certainty and limits protracted disputes".

𝐒𝐨𝐥𝐯𝐢𝐧𝐠 𝐭𝐡𝐞 𝐓𝐰𝐨-𝐓𝐡𝐢𝐫𝐝𝐬 𝐆𝐞𝐧𝐝𝐞𝐫 𝐈𝐦𝐩𝐚𝐬𝐬𝐞

Vice Chairperson Sen. Veronica Maina followed with the Constitution of Kenya (Amendment) (No. 2) Bill, 2025. She characterized the Bill as the definitive solution to a decade of legislative failure and court orders regarding gender parity.

"We are proposing a ‘top-up’ mechanism similar to the successful model used in County Assemblies," Maina explained. "If a general election fails to meet the two-thirds threshold, additional special seats will be determined and filled after the results are declared. This is not just about compliance; it is about the quality of our governance. We must move beyond aspirational goals and finally fulfill the promise of the 2010 Constitution".

The retreat concluded with a call for bipartisan support to fast-track these Bills during the Fifth Session.