You cannot recall your MP just yet, IEBC tells Kenyans
Ethekon noted that while Parliament amended the law to provide for the recall of Members of County Assemblies (MCAs), it failed to do so with regard to MNAs and Senators
Kenyans cannot recall their elected leaders just yet due to the absence of a legal framework outlining the procedures to be followed.
According to Independent Electoral and Boundaries Commission (IEBC) chairperson Erastus Edung Ethekon, the absence of enabling legislation has made it impossible for the commission to enforce the right to recall members of the National Assembly or Senate as provided for under Article 104 the Constitution.
Ethekon noted that provisions in the Elections Act 2011 on how to exercise the recall clause were declared unconstitutional by the High Court.
“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,” he explained.
He noted that while Parliament amended the law to provide for the recall of Members of County Assemblies (MCAs), it failed to do so with regard to MNAs and Senators.
“While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament,” he added.
He, however, assured of IEBC’s commitment to upholding the right to recall, revealing that they have written to parliament seeking legislative provisions to allow the recall of MPs and Senators.
Following the constitution of the new IEBC, voters have sought to exercise to recall MPs deemed unfit to hold leadership positions until the 2027 General Elections.
Early this week, Shakira Wafula, Mavin Mabonga, Dominic Omondi, and Sichei Soet submitted a petition to IEBC seeking the removal of Nairobi Woman Representative Esther Passaris over alleged constitutional violations and abandonment of her representative duties.
Passaris ran into trouble after initiating the Public Order (Amendment) Bill 2025, which proposed to to prohibit public gatherings from Parliament and other protected areas as well as demarcating areas of assembly and protest zones to prevent the destruction of property.
However, she shelved the Bill following calls from the National Council of Churches of Kenya (NCCK) and other stakeholders to pave way for public consultations.
While Article 104 of the Constitution allows voters to recall their MPs before the end of their term, it provides that Parliament must enact legislation to define the specific grounds for recall and the procedures involved.
