A group of residents has filed a petition with the Independent Electoral and Boundaries Commission (IEBC) to recall the Nairobi Woman Representative, Esther Passaris.
The petition was submitted by activist Shakira Wafula on Monday July 28, and the commission acknowledged its receipt on the same day.
In the petition, Wafula and her team listed violations of the Constitution, abuse of office, neglect of duty, and breach of public trust as grounds for the petition.
“We, the undersigned citizens and registered voters of Nairobi County, submit this petition per Article 104 of the Constitution of Kenya and Section 45 of the Elections Act, seeking the immediate recall of Hon. Esther Muthoni Passaris, Woman Representative for Nairobi County,” the petition read in part.
“Hon. Passaris has demonstrated conduct unbecoming of a State Officer, undermined constitutional principles, disrespected the electorate, and failed to perform her representative and oversight functions with integrity, impartiality, and accountability,” it added.
After news of the petition being filed broke out, netizens intensified the calls to have Passaris recalled, urging Nairobi residents to provide their signatures to the IEBC.
The IEBC plays a critical role in the process of the recall of an MP or Member of County Assembly (MCA) in regards to receipt of the petition, verification, and subsequently conducting by-elections in the constituency or ward in which the petition was filed.
After the filing of a petition, the second step is usually to collect names and signatures of at least one-third of the registered voters from the constituency. Those signing in support of the recall must be registered in different parts of the constituency, not just from one ward or locality.
The third step is carried out by the IEBC, which must verify the list of names within 30 days. Within 15 days after verification, the IEBC shall issue a notice of the recall to the Speaker of the relevant House.
Within 90 days of publishing the notice to the Speaker, the IEBC must conduct a recall election (i.e., "Do you wish to recall your MP/MCA?"). This is the penultimate step before the conduct of a by-election. The recall election is decided by a simple majority of the voters who participate in the poll.
Where a recall election results in the removal of a member of Parliament, the Commission shall conduct a by-election in the affected constituency or county. Notably, an MP who has been recalled may run in the by-election.
The petition to recall Passaris comes at a time when IEBC Chairperson Erastus Ethekon recently revealed that the Commission had received at least four petitions to recall MPs. Ethekon did not divulge the names of the MPs.
Addressing the press in Mombasa County on Friday, July 18, IEBC Chairperson Erastus Ethekon said the requests would be considered based on the weight of the matters raised.
Aside from Passaris, residents of North Imenti also filed a petition to recall their MP Rahim Dawood, citing four reasons for their move to recall the MP, who is currently serving his third consecutive term as North Imenti’s representative.
Calls to have lacklasture MPs recalled intensified after the reconstitution and later swearing-in of the IEBC.
Reviving a discourse that began during the June 2024 protests, when attention was drawn to poorly performing lawmakers, Kenyans emphasised the need to take advantage of the reconstitution of the IEBC to initiate the recall process.
