Members of Parliament have crafted a law that if passed will provide a substantive framework for the conduct of referenda.
This comes as the Building Bridges Initiative (BBI) team prepares to hand over its report to President Uhuru Kenyatta and ODM leader Raila Odinga, recommending specific areas to amend the Constitution through a referendum.
So far Kenya has had two referenda. The failed attempt on the Constitution of 2005 and the 2010 process that gave birth to the current Constitution were held under the old Constitution.
In fact, the 2010 process was a modification of the old Constitution through the National Accord and Reconciliation Act of 2008 that ushered in the grand coalition government of immediate former President Mwai Kibaki and Mr Odinga’s Orange Democratic Movement after a disputed presidential election in 2007.
Although the Elections Act of 2011 has provisions for the conduct of a referendum, it is the general feeling that the country needs a substantive law.