Senator Maanzo Explains Why Parliament Has Failed to Pass Constitutional Amendments in 13 Years

Homa Bay, Kenya — September 23, 2025, 11:40 EAT.

Makueni Senator Dan Maanzo has highlighted the persistent challenges Parliament faces in amending Kenya’s Constitution, noting that no parliamentary-sponsored amendment has succeeded in the past 13 years.

The Latest

Speaking on a local radio station on Tuesday, September 23, Maanzo said the Senate is expected to conduct public participation on the current constitutional amendment process but warned that history suggests the effort faces steep odds.

“I am told we are going to do public participation in the Senate on our constitutional amendment; it’s welcomed. But in my 13 years or so, there is no single constitutional amendment that has ever gone through. You will always lack the numbers,” the senator said.

Maanzo stressed that the two-thirds constitutional threshold required for amendments often proves too high a hurdle for most legislative initiatives, even those enjoying wide political support.

Context in Brief

• Constitutional Amendments in Kenya: Article 255 of the Constitution outlines that any amendment to certain sections, including the Bill of Rights, term limits, and devolution, requires a national referendum after passage by Parliament.

• Two-Thirds Rule: Under Articles 256 and 257, Parliament must secure a two-thirds majority in both the National Assembly and Senate for constitutional amendments to proceed, a level rarely achieved since the 2010 Constitution took effect.

• Historical Failures: Past attempts, including the Building Bridges Initiative (BBI) of 2021, collapsed either in Parliament or the courts, demonstrating the complexity of constitutional change in Kenya.

Law, Policy, and Process

• Articles 255–257 of the Constitution: Provide for parliamentary or popular initiative processes for amendments.

• Senate’s Role: Required to conduct public participation and approve bills by a two-thirds majority.

• Next Steps: After Senate hearings, the proposed amendment bill must return to both Houses for a final vote before moving to a referendum, if necessary.

Voices and Stakeholders

• Senator Dan Maanzo: “In my 13 years, no constitutional amendment from Parliament has ever succeeded. You will always lack the numbers.”

• Legal Analysts: Say Kenya’s supermajority rules intentionally make constitutional change difficult to protect against political manipulation.

• Civil Society Groups: Call for a more inclusive approach, warning that rushed or partisan amendments risk public rejection.

Evidence & Data

• 13 Years Since 2010: No parliamentary-initiated amendment has survived all legal and political hurdles.

• Two-Thirds Threshold: Requires 233 MPs in the National Assembly and 45 Senators for approval — a high bar amid political divisions.

• Public Participation: Constitutionally mandated but often criticized as tokenistic when conducted under tight deadlines.

Risks and Implications

• Political Gridlock: Continued failure to amend the Constitution may frustrate reform agendas.

• Public Disillusionment: Repeated unsuccessful attempts risk reducing public trust in parliamentary processes.

• Judicial Scrutiny: Courts remain vigilant to prevent unconstitutional shortcuts, as seen in past rulings.

What We Don’t Know

• Whether current amendment efforts have cross-party support.

• If Parliament can marshal two-thirds majorities in both Houses this time.

• Whether proposals could trigger a national referendum under Article 255.

Timeline

• 2010: Kenya adopts new Constitution with stringent amendment procedures.

• 2021: Courts block BBI, citing constitutional violations.

• 2025: Senate prepares for public participation on new amendment proposals.

What to Watch

• Upcoming Senate public hearings on the amendment bill.

• Whether political parties will issue formal positions on the proposals.

• Possible court challenges if procedures appear rushed or unlawful.

Editor’s Note: This article draws on remarks by Senator Dan Maanzo and constitutional law provisions under Articles 255–257.

Corrections: None at this time.