Constitutional Provisions that Require a Referendum to be Amended

Here are some of the key provisions that typically require a referendum in Kenya:

1. Chapter 16 – Amendment of this Constitution: This chapter provides the general process for amending the Constitution. Any amendment that would have the effect of changing the basic structure of the Constitution or any provision related to its supremacy, the sovereignty of the people, or the territory of Kenya, must be approved through a referendum. This includes amendments to the Bill of Rights, the structure of government, and the separation of powers.
2. Chapter 17 – National Security: Amendments to provisions related to national security require a referendum. This includes matters such as the deployment of the Kenya Defense Forces in operations outside Kenya.
3. Chapter 18 – Representation of the People: This chapter deals with issues related to elections and representation. Any amendment affecting the structure of the electoral system or the boundaries of constituencies and wards typically requires a referendum.
4. Chapter 19 – The Legislature: Amendments to the structure and functions of Parliament, including changes to the Senate or National Assembly, would typically require a referendum.
5. Chapter 20 – The Executive: Changes in the structure and composition of the executive branch of government, including the presidency and the deputy presidency, would require a referendum.
6. Chapter 22 – Devolved Government: Amendments affecting the structure and powers of the devolved governments (county governments) would require a referendum.
7. Chapter 23 – Public Finance: Any amendment affecting the principles and rules of public finance would generally require a referendum.

The process of amending the Constitution involves several steps, including approval by Parliament, public participation, and ultimately a referendum if necessary.