NAIROBI, Kenya – Kenya’s political history has been shaped by two nationwide referendums and one failed attempt, each leaving a lasting imprint on governance.
The debate over a new referendum has resurfaced, with government proposals to hold a national vote alongside the 2027 General Election.
Kenya’s first referendum was held on November 21, 2005, when President Mwai Kibaki’s government presented the “Wako Draft” constitution.
Critics argued it preserved excessive presidential power and offered little devolution. The “Yes” camp used a Banana symbol, while the “No” camp rallied behind an Orange.
The draft was rejected by 58pc of voters, and the Orange victory birthed the Orange Democratic Movement (ODM), which became a major political force.
The second referendum came on August 4, 2010, following the 2007–2008 post-election violence.
A new draft constitution introduced extensive devolution through 47 counties and a strengthened Bill of Rights.
The “Yes” camp used Green, the “No” camp Red. Approved by 68.6% of voters, the constitution was promulgated on August 27, 2010, at Uhuru Park by President Kibaki.
A third attempt, the Building Bridges Initiative (BBI), emerged from the 2018 “handshake” between President Uhuru Kenyatta and Raila Odinga.
Despite approval by 42 of 47 county assemblies, courts declared the process unconstitutional. On March 31, 2022, the Supreme Court ruled that a president cannot initiate a constitutional amendment through a “popular initiative,” effectively ending the push.
Now, in late December 2025, Prime Cabinet Secretary Musalia Mudavadi has proposed holding a referendum concurrently with the 2027 elections.
He argues that a “seventh ballot” is necessary to resolve constitutional gaps that could otherwise nullify the polls.
Among the issues on the table are boundary reviews—whose deadline lapsed in March 2024—entrenching funds such as the NG-CDF, Senate Oversight Fund, and Ward Development Fund, and implementing recommendations from the National Dialogue Committee (NADCO), including the two-thirds gender rule.
Earlier this year, the Senate also pursued amendments to elevate itself into a stronger “upper house” with expanded budgetary and vetting powers.
The proposal has sparked sharp reactions. Opposition leaders Martha Karua and Eugene Wamalwa have dismissed it as a distraction and a ploy by the Kenya Kwanza administration to manufacture a crisis or extend term limits.
Legal experts also caution that attempting a referendum so close to the general election could trigger a constitutional crisis rather than prevent one.
Under the 2010 Constitution, a referendum through a popular initiative requires at least one million signatures from registered voters, approval by at least 24 county assemblies, and passage through Parliament before being put to a national vote.
The process typically takes more than a year, raising questions about feasibility ahead of 2027.
Kenya’s referendum history underscores the weight of constitutional reform in shaping governance.
As Mudavadi’s proposal stirs debate, the country faces a familiar crossroads: whether to embrace another national vote or risk deepening political divisions ahead of the next election cycle.
