The Independent Electoral and Boundaries Commission (IEBC) Chairperson, Erastus Ethekon, has revealed that Kenyans cannot recall their Members of Parliament due to the absence of a legal framework outlining the procedures for such action.
In a statement on Wednesday, July 30, Ethekon explained that the absence of enabling legislation has made it impossible for the commission to enforce the right to recall MPs and Senators.
The IEBC chair noted that provisions in the Elections Act 2011 were declared unconstitutional following a court ruling.
“There is currently no enabling legislation defining the grounds and procedures for recall. This legal gap arises from the High Court’s ruling in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another [2017] KEHC 4648 (KLR).
“In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” Ethekon stated.
The IEBC chairperson pointed out that Parliament subsequently amended the law to address the recall of MCAs; however, no amendments have been made to the recall of MPs and Senators.
Further, Ethekon said the commission has submitted recommendations urging the enactment of a clear legal framework to govern the recall process for Members of the National Assembly and Senate.
“We remain hopeful that this will be addressed to uphold the full spirit of Article 104,” Ethekon added.
Meanwhile, the IEBC chair said a statutory framework is in place for Kenyans to recall MCAs, and the commission is processing petitions already submitted.
This comes days after Ethekon disclosed that the commission had received four separate petitions from Kenyans recalling certain MPs.
“Kenyans are actively discussing this subject of recall. So we have currently received roughly four applications, and we will look at them once we get back to the office,” Ethekon said on July 19.
The decision is set to deal a big blow to Kenyans seeking to recall underperforming MPs ahead of the 2027 General Election. It comes hot on the heels of Nairobians, led by activist Shakira Wafula, filing a petition seeking to recall Nairobi Woman Representative Esther Passaris.
The petition, which attracted significant attention, was filed on Monday, July 28, and listed violations of the Constitution, abuse of office, neglect of duty, and breach of public trust as grounds for the petition.
Reacting to the petition, Passaris challenged those seeking to unseat her from power to show what they could offer and not destroy what she has built in her political capacity.
Aside from Passaris, North Imenti MP Rahim Dawood is also subject to a petition for recall by the area residents.
Constituents cited MP Dawood’s vote for the 2024 Finance Bill, his silence on abductions and murders (especially in North Imenti), and his involvement in the “irregular impeachment” of former Deputy President Rigathi Gachagua. They also accused him of failing to lobby for funds to complete stalled government projects in Meru.
