The High Court’s decision to stop Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025, to President William Ruto for assent has thrust into the spotlight a long-ignored gap in Kenya’s constitutional architecture, the absence of a referendum law.

Katiba Institute, which filed the petition, told the court that MPs have rushed into amending the Constitution without first enacting legislation to govern referendums, a misstep it says has muddied the process and undermined public confidence in constitutional change.