THE SOVEREIGN BILL, 2025
A Bill for
AN ACT of The People of Kenya to provide for the exercise of direct sovereign authority
under Article 1 of the Constitution to veto, propose amendments to, or effect changes to the
laws of Kenya through public participation; to establish mechanisms for invoking and
implementing such authority, including the use of digital, online, and blockchain tools; to
supersede the delegated legislative role of Parliament when so exercised; and for connected
purposes.
ENACTED by The People of Kenya, as follows—
PART I─PRELIMINARY
Short title and 1. This Act may be cited as the Sovereign Act, 2025, and shall
commencement.
come into force immediately upon the declaration of the
affirmative majority decision of The People of Kenya and
published by the Attorney General, by Gazette notice.
Interpretation. 2. In this Act, unless the context otherwise requires––
"blockchain tools" means decentralized digital ledger technologies
used to securely record, verify, and store data related to decision-
making processes under this Act;
"Commission" means the Kenya National Commission on Human
Rights established under Article 59 of the Constitution and the
Kenya National Commission on Human Rights Act, 2011;
"Constitution" means the Constitution of Kenya, 2010;
"digital tools" means electronic systems, platforms, or applications
used to facilitate decision-making, participation, or verification
processes under this Act;
"direct sovereignty" means the authority of The People of Kenya to
exercise legislative power as provided under Article 1(1) of the
Constitution;
"law" means any Act of Parliament, subsidiary legislation, or
regulation enacted in Kenya, including regulations made under this
Act;
"online tools" means internet-based platforms or services used to
enable public participation, voting, or submission of petitions under
this Act;
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"petition" means a written request submitted by The People under
this Act to veto, amend, or enact a law;
"public participation" means the process by which The People of
Kenya engage in decision-making at the ward level, as contemplated
under Articles 10 and 118 of the Constitution, including through
digital, online, and blockchain tools;
“traceability matrix” means a public input document in digital or
hardcopy format that maps decisions to their originators with regard
to support, dissent, marginalized and protected groups’ views
"registrable supporters" means citizens of Kenya of the majority
age (18 and above) who support a petition under this Act;
"sovereign action" means the veto, amendment, or enactment of a
law through the mechanisms provided in this Act;
"ward" means an administrative unit as defined under the County
Governments Act, 2012.
Objects of the Act. 3. (1) The object of this Act is to provide a framework for The
People of Kenya to exercise direct sovereignty over
legislative matters under Article 1 of the Constitution,
including through digital, online, and blockchain tools.
(2) Without prejudice to the generality of subsection (1), the
objects of this Act are to—
(a) enable The People to veto laws enacted by
Parliament or regulations made under this Act;
(b) empower The People to propose amendments to
existing laws;
(c) facilitate The People to enact new laws through
public participation;
(d) ensure transparency, accountability, and
inclusivity in the exercise of sovereign power using
modern technology; and
(e) provide an institutional framework to supersede
Parliament’s delegated legislative authority when
invoked under this Act.
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Application of the Act. 4. This Act shall apply to—
(a) any law enacted or proposed by Parliament or any
other legislative authority in Kenya, including
regulations made by the Cabinet Secretary under this
Act;
(b) any citizen of Kenya eligible to participate in public
affairs under the Constitution; and
(c) any process initiated by The People to exercise direct
sovereignty over legislative matters, including
general and by-elections, referenda, and ward-level
decision-making.
PART II––ADMINISTRATION OF THIS ACT
Administration of this Act. 5. This This Act shall be administered by the Kenya National
Commission on Human Rights established under Article 59
Kenya National Commission
on Human Rights Act, 2011
of the Constitution.
Functions of the 6. The functions of the Commission under this Act shall be to—
Commission.
(a) receive, verify, and process petitions submitted by
The People, including through digital and online
platforms;
(b) announce and publicize public participation at the
ward level using digital, online, and blockchain tools;
(c) submit questions to the Electoral Commission for
conduct of referenda to determine the will of The
People, leveraging digital and blockchain
technologies for fidelity, speed of execution,
verifiability and accountability;
(d) certify, together with the Electoral Commission, the
results of sovereign actions and ensure their
implementation;
(e) maintain a blockchain and digital register of petitions
and sovereign actions;
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(f) develop procedures and guidelines for the
implementation of this Act, including the use of
digital, online, and blockchain tools;
(g) superintend civic education processes undertaken by
the Cabinet Secretary and provide public reports with
recommendations for sanctions where applicable; and
(h) collaborate with other public entities to give effect to
the provisions of this Act, including the deployment
of technological tools.
Powers of the Commission. 7. The Commission shall, in the performance of its functions
under this Act, have the power to—
(a) summon witnesses or require the production of evidence,
including digital records, necessary for verifying petitions or
assessing public participation;
(b) request professional assistance or advice from relevant
persons or organizations, including technology experts;
(c) collaborate with public entities, civil society, or
international organizations to facilitate public participation,
civic education, and the use of digital, online, and blockchain
tools;
(d) incorporate a public input traceability matrix, detailing
support, dissent, marginalized and protected groups’ (such as
children) views
(e) issue directives to give effect to a sovereign action
certified under this Act; and
(f) recommend sanctions for non-compliance with civic
education obligations or misuse of technological tools as
prescribed under this Act.
PART III— EXERCISE OF DIRECT SOVEREIGNTY
Use of Digital, Online, and 8. The Sovereign Bill makes provisions for the use of digital,
Blockchain Tools
online, and blockchain tools for decision-making by The
People of Kenya, including but not limited to—
(a) general and by-elections;
(b) referenda; and
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(c) direct sovereignty decision-making through the
ward level.
9. The Commission shall—
(a) develop and maintain secure digital and online
platforms for submitting petitions, conducting public
participation, and voting in referenda;
(b) utilize blockchain tools to ensure transparency,
security, and immutability of records related to
petitions, participation outcomes, and referendum
results;
(c) ensure accessibility of these tools to all citizens,
including those in remote areas, through partnerships
with public and private entities; and
(d) establish safeguards against cyber threats, fraud,
or manipulation of digital processes.
(e) retrieve data from the National Registration
Bureau databases, Directorate of Immigration
services, the Electoral Commission and all other
relevant and associated bodies to enable its
establishment of the digital, online, and blockchain
tools
Sovereign Authority of The
People. 10. Under Article 1(1) of the Constitution, all sovereign power
belongs to The People of Kenya and may be exercised
directly through this Act, including via digital, online, and
blockchain tools.
The People may invoke their sovereign authority to—
(a) veto a law enacted by Parliament or regulations
made by the Cabinet Secretary under this Act;
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(b) propose amendments to an existing law; or
(c) enact a new law.
Initiation of a Petition. 11. A petition to exercise direct sovereignty may be initiated
by any citizen of Kenya, including through digital or
online platforms, including the one established by the
Commission.
A petition shall—
(a) be in writing and in a simple, one-page format
prescribed by the Commission;
(b) clearly state whether it seeks to veto, amend,
or enact a law;
(c) specify the law or proposed law in question
and provide a justification; and
(d) be supported by the signatures of at least one
percent (1%) of registrable supporters from at
least half of the wards in Kenya.
Submission and 12. (1) A petition shall be submitted to the Commission within
Verification.
ninety (60) days of its initiation either physically or via a
secure online platform.
(2) The Commission shall, within thirty (30) days of receipt,
verify—
(a) the authenticity of the signatures or digital
endorsements, using blockchain tools;
(b) the compliance of the petition with this Act; and
(c) the clarity and legality of the proposed sovereign
action.
(3) If the petition meets the requirements, the Commission
shall proceed to announce the commencement of public
participation in all Wards.
Public Participation and 13. (1) Public participation shall—
Referendum.
(a) be conducted in estates, villages and diaspora by
citizens with options for participation via digital and
online platforms and the outcomes aggregated at
ward level;
(b) provide both qualitative evidence (e.g., minutes,
narratives, opinions, or discussions) and quantitative
evidence (e.g., number of participants, votes, or
surveys);
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(c) be captured in the format prescribed by the
Commission or through any other creative means that
detail the process, provided such means meet or
exceed the minimum standards prescribed by the
Commission; and
(d) occur over a period of between thirty (30) and
forty-five (45) days, facilitated and overseen by the
citizens.
(2) The Commission shall—
(a) publish the petition in the Gazette and at least two
newspapers of national circulation;
(b) compile and verify the outcomes of ward-level
public participation leveraging blockchain for
transparency; and
(c) invite the Electoral Commission to superintend a
referendum via the blockchain, online and digital
tools established within forty-five (45) days of the
close of public participation.
(3) A referendum shall require—
(a) participation of at least thirty percent (30%) of
registered voters nationwide; verifiable through
digital records; and
(b) approval by a simple majority of those voting,
subject to a minimum of twenty-five percent (25%)
approval in at least half of the wards with results
secured on a blockchain ledger
.
Effect of a Sovereign 14. (1) A veto approved under this Act shall immediately nullify
Action.
the specified law or regulation, including regulations made
by the Cabinet Secretary under this Act.
(2) An amendment approved under this Act shall take effect
as part of the specified law.
(3) A new law enacted under this Act shall have the same
force and effect as an Act of Parliament.
(4) The Commission shall certify the results of a sovereign
action, publish them in the Gazette and on a secure online
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platform within seven (7) days, and record them on a
blockchain ledger, upon which they shall be binding and
supersede any conflicting legislative action by Parliament or
regulation by the Cabinet Secretary.
PART IV— COMPLIANCE AND SAFEGUARDS
Duty to Disclose Interests. 15. (1) Any person initiating or supporting a petition shall
disclose any private interest that may conflict with the public
interest in the proposed sovereign action.
(2) Failure to disclose such interests shall render the petition
voidable at the discretion of the Commission.
Prohibition of Frivolous 16. (1) The Commission may decline to process a petition if it
Petitions.
determines that—
(a) the petition is frivolous, vexatious, or made in bad
faith;
(b) the subject matter is adequately addressed by
existing law; or
(c) the petition contravenes the Constitution.
(2) The Commission shall inform the petitioner of its
decision and provide reasons, including via digital
notification.
Judicial Review
17. Any person aggrieved by a decision of the Commission under
this Act may apply to the High Court for judicial review
within thirty (30) days of the decision.
Civic Education
18. (1) The Cabinet Secretary responsible for Justice and
Constitutional Affairs shall be responsible for conducting
civic education to inform The People of their rights and
responsibilities under this Act, including the use of digital,
online, and blockchain tools.
(2) The Commission shall—
(a) superintend the civic education process;
(b) monitor its effectiveness and inclusivity,
including digital outreach; and
(d) publish an annual public report detailing the process
and recommending sanctions where the Cabinet
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Secretary or other responsible parties fail to meet
prescribed standards, accessible online.
(3) Where sanctions are recommended—
(a) the Cabinet Secretary or responsible individual
shall provide an explanation within fourteen (14)
days;
(b) if the explanation is unsatisfactory, the
Commission may impose sanctions, including—
i. a fine not exceeding one million shillings;
ii. imprisonment for a term not exceeding two
years; or
iii. both a fine and imprisonment;
(c) in the case of State or Public officers, sanctions
shall include resignation from office, effective
immediately upon imposition or while the matter is
being adjudicated in court.
PART V––MISCELLANEOUS PROVISIONS
General Penalty. 19. A person who commits an offence under this Act for which
no penalty is specified shall, on conviction, be liable to a fine
not exceeding five hundred thousand shillings or
imprisonment for a term not exceeding two years, or both.
Regulations 20. (1) The Cabinet Secretary responsible for Justice and
Constitutional Affairs may make regulations to give effect to
this Act, subject to veto by The People under the provisions
of this Act.
(2) Without prejudice to subsection (1), regulations may
provide for—
(a) the process and format for civic education,
including digital outreach; and
(b) any other matter required to be prescribed under
this Act, such as cybersecurity standards for digital
and blockchain tools.
Supremacy of the Act 21. Where this Act is invoked and a sovereign action is certified,
it shall supersede the delegated legislative authority of
Parliament under Article 94 of the Constitution and any
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regulations made by the Cabinet Secretary under this Act in
respect of the specific matter.
First Schedule
Form of Petition
(To be prescribed by the Commission, including fields for the petitioner’s details,
purpose of the petition, justification, and signature or digital endorsement collection.)
Second Schedule
Registrable interests
(1) Citizens of Kenya of the majority age (18 and above) who support a petition under
this Act.
(2) Supporters must provide their name, identification number, and ward of residence,
verifiable through digital or blockchain means where applicable.
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