The Independent Electoral and Boundaries Commission (IEBC) has ruled out the recall of Members of Parliament for the indefinite future, amid a renewed push to oust several legislators.
In a statement released on Wednesday, July 30, IEBC Chairperson Erastus Ethekon disclosed that a High Court ruling deemed the provisions within the Elections Act 2011, defining the grounds and procedures for recalling MPs, unconstitutional for being discriminatory.
The ruling resulted in a massive legal gap and arose in the case between Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another (2017) KEHC 4648 (KLR).
As such, Ethekon noted that the Commission could not process petitions seeking the recall of MPs, despite the IEBC boss confirming that so far, four petitions have already been presented.
“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),” IEBC stated.
“In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” it added.
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.
Typically, after a petition is filed and acknowledged by the IEBC, residents gather signatures. The IEBC then verifies these signatures within 30 days, subsequently notifying the relevant Speaker within 15 days.
A recall election, where voters decide the lawmaker's fate by simple majority, must be held within 90 days. If the recall is successful, the IEBC conducts a by-election, and the recalled lawmaker remains eligible to contest the vacated seat.
However, IEBC revealed that it has formally submitted recommendations to Parliament, urging the enactment of a clear legal framework to govern the recall process for Members of the National Assembly and Senate.
It further disclosed that residents could file petitions to recall their Members of County Assembly (MCAs), as the law surrounding their recall was amended accordingly by MPs.
