Kenya

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Question Value
Legal provisions for mandatory referendums at national level
  • Yes
Legal provisions for optional referendums at national level
  • No
Legal provisions for citizens' initiatives at national level
  • Yes
Legal provisions for agenda initiatives at national level
  • Yes
Legal provisions for recall at national level
  • Yes
Legal provisions for direct democracy at the regional level
  • No data
Legal provisions for direct democracy at the local level
  • No data
Legal basis for direct democracy at the national level
  • Constitutional
  • Specific laws/legislation
Legal basis for administrative requirements at the national level
  • Constitutional
  • Specific laws/legislation
Who administers direct democracy mechanisms at the national level?
  • Independent electoral commission
First referendum/initiative held
  • 2005
Has there been a national referendum since 1980?
  • Yes

Question Value
Issues in relation to which referendums are mandatory at the national level
  • Constitutional amendments
Issues in relation to which referendums are optional at the national level
  • None
Issues excluded from being the subject of referendums at the national level
  • Not specified by legislation
Issues of sub-national referendums regulated at the national level
  • None
Who can initiate an optional referendum at the national level?
  • Not applicable
Who drafts the referendum question?
  • Mandatory referendum - Independent electoral commission
Who decides on the final form of the ballot text?
  • Mandatory referendum - Legislature
Quorum requirements for a referendum to be valid
  • Mandatory referendum - turnout quorum
Requirements for a referendum to pass
  • Mandatory referendum - simple majority
Are referendum results binding?
  • Mandatory referendum - always

Question Value
Issues that can be proposed by citizens using the initiative process at the national level
  • Citizens' initiatives - constitutional amendments
  • Agenda initiatives - constitutional amendments
Issues excluded from being the subject of an initiative at the national level
  • Not specified by legislation
Who may propose the registration of an initiative?
  • Not specified by legislation
Materials to accompany an application for registration
  • Full proposed text
  • Supporting signatures
Who determines the title of an initiative?
  • Not specified by legislation
What disqualifies a proposed title of an initiative?
  • Not specified by legislation
Who is responsible for checking the legality of initiatives?
  • Independent electoral commission
At which stage legality check is conducted?
  • After its submission but before the vote on the initiative
Who decides the final ballot text when the initiative is put to a vote?
  • Legislature
When does voting take place once an initiative is qualified for ballot?
  • Within a certain time limit

Question Value
Which individuals/positions may be subject to the recall?
  • Members of the national legislature
What are the grounds for recall?
  • Conviction
What restrictions are there in relation to the time period in which an individual or position can be recalled?
  • A recall shall only be initiated twenty-four months after the election of the member of Parliament and not later than twelve months immediately preceding the next general election.
When is the recall put to the vote?
  • Within a certain time limit
When does the election to replace an individual who has been recalled take place?
  • Separately and subsequently
Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
  • Yes

Question Value
How many signatures are required to start the formal decision making stage of a direct democracy mechanism?
  • Citizens' Initiative - fixed number
  • Agenda Initiative - fixed number
  • Recall - proportion of the electorate
What is the deadline for collecting required number of signatures?
  • Not specified by legislation
Restrictions in relation to the individuals who can sign the proposal
  • Citizens' Initiative - signatories must be registered
  • Agenda Initiative - signatories must be registered
  • Recall - signatories must be registered electors in a specified electoral district
Where can proposals be signed?
  • Not specified by legislation
What information must signatories provide when signing the proposal?
  • Identity or voting card number
  • Personal details
Restrictions in relation to signature collection
  • Not specified by legislation
What forms of checks are undertaken to verify signatures?
  • All signatures are checked
Who checks the signatures?
  • Agency responsible for the administration of direct democracy mechanisms