Chapter 16 · Art. 255

Amendment of this Constitution

2010-as-amended · effective 2010-08-27

Official text

(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.

In simple words

An amendment relating to fundamental matters (such as the supremacy of the Constitution, territory, sovereignty of the people, the Bill of Rights, the term of the President, the independence of the Judiciary, the functions of Parliament, or devolution) must be approved by a referendum.
Art. 255(1)
(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.
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A referendum approves the amendment if at least 20% of registered voters in at least half the counties vote, and a simple majority of citizens voting support it.
Art. 255(2)
(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.
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Kids explanation

Changing the most important parts of the Constitution needs the people to vote in a referendum.
Art. 255(1)
(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.
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