Nairobi Woman Representative Esther Passaris has broken her silence after the Independent Electoral and Boundaries Commission (IEBC) confirmed receipt of a petition to recall her from office.
Through a statement released on Tuesday, July 29, 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.
Further, she expressed that she would not be drawn into confrontations and battles that would distract her from delivering upon the needs of Nairobians.
Yesterday, a section of Nairobians, led by activist Shakira Wafula, submitted a petition to recall Passaris, with the Commission acknowledging 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.
However, Passaris, in response, referenced the Public Order (Amendment) Bill, which she had sponsored and was seen as the catalyst of the petition, defending it as one that had the interests of the country at heart in maintaining law and order.
“Leadership is not about tearing others down but about building a better future. My Public Order Bill is grounded in values of protecting lives, upholding order, and ensuring that freedom does not descend into chaos,” she stated.
The Bill put Passaris at the centre of national attention, subjecting her to immense backlash from Kenyans who saw it as a means to curtail the rights and freedoms associated with picketing and peaceful assembly.
It came hot on the heels of the June 25 protests, which were held in honour of the Gen Zs who lost their lives in the 2024 anti-Finance Bill demonstrations. After the backlash, Passaris postponed the pre-publication of the Bill, attributing her decision to self-reflection occasioned by a statement by religious leaders.
During the emergence of the Bill, many had accused Passaris of acting at the behest of influential persons in government, such as President William Ruto, seeking to curtail protests and hinder expression.
However, Passaris dismissed the naysayers, reiterating her support for Ruto and crediting him for showing transformational leadership.
Even so, Passaris remains walking on a tightrope; if the IEBC deems the petition to have met the necessary threshold, area residents can begin collecting signatures to warrant her recall.
Once at least a third of registered voters in Nairobi collect the signatures, IEBC would proceed to 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 National Assembly, where Passaris is domiciled
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.
If the recall election results in her removal of a member of Parliament, the Commission shall proceed to conduct a by-election. Notably, Passaris can still vie in the by-election.
