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Article 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.