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

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.