Constitution of Kenya

255. Amendment of this Constitution

Edition: 2010-09-03 · In force

255. Amendment of this Constitution

(1)A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters—

(a)the supremacy of this Constitution;

(b)the territory of Kenya;

(c)the sovereignty of the people;

(d)the national values and principles of governance referred to in Article 10(2)(a) to (d);

(e)the Bill of Rights;

(f)the term of office of the President;

(g)the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies;

(h)the functions of Parliament;

(i)the objects, principles and structure of devolved government; or

(j)the provisions of this Chapter.

(2)A proposed amendment shall be approved by a referendum under clause (1) if—

(a)at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum; and

(b)the amendment is supported by a simple majority of the citizens voting in the referendum.

(3)An amendment to this Constitution that does not relate to a matter specified in clause (1) shall be enacted either—

(a)by Parliament, in accordance with Article 256; or

(b)by the people and Parliament, in accordance with Article 257.

Case law referring to this provision

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Source: Kenya Law