Provisions and Processes for Amending the Kenya Constitution: A Comprehensive ReviewCHAPTER SIXTEEN—AMENDMENT OF THIS CONSTITUTION
Overview;In CHAPTER SIXTEEN of the Kenya Constitution, 2010, the provisions and processes for amending the constitution are outlined. This chapter ensures that the constitution can be modified when necessary, while also maintaining the integrity and stability of the document. The main provision is found in Article 255, which states that any proposed amendment to the Constitution must be enacted in accordance with either Article 256 or Article 257, and approved by a referendum if it relates to specific matters. These matters include the supremacy of the Constitution, the territory of Kenya, the sovereignty of the people, the national values and principles of governance, the term of office of the President, the independence of the Judiciary and the commissions and independent offices, the functions of Parliament, and the objects, principles, and structure of devolved government. Amendment by parliamentary initiative is outlined in Article 256. This provision states that a Bill to amend the Constitution can be introduced in either the National Assembly or the Senate. The Bill must be supported by a majority of the members of each House, and if it is approved, it is then submitted to the President for assent. Amendment by popular initiative is discussed in Article 257. This provision allows for an amendment to be initiated by the people. It can be initiated through a popular initiative signed by at least one million registered voters, or through a county assembly passing a resolution to initiate the amendment. The proposed amendment must then be supported by at least twenty percent of the registered voters in each of at least half of the counties. If these conditions are met, the amendment is submitted to the Independent Electoral and Boundaries Commission, which verifies the signatures and prepares the draft Bill. The Bill is then submitted to the county assemblies for approval, and if it is approved by a majority of the county assemblies, it proceeds to a referendum. In the referendum, the amendment must be supported by a simple majority of the citizens voting. These provisions and processes outlined in CHAPTER SIXTEEN of the Kenya Constitution, 2010 ensure that amendments to the constitution are carried out in a transparent and democratic manner. Whether through parliamentary initiative or popular initiative, the constitution can be modified to address the evolving needs and aspirations of the Kenyan people. Citation: The Kenya constitution, 2010
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