Recalling clumsy MPs is all smoke and no fire

Opinion
By Mark Oloo | Jul 26, 2025
Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Edung Ethekon, together with IEBC Commissioners, during a media briefing at PrideInn Paradise - Shanzu in Mombasa County on July 19, 2025, where he gave an update on the Commission's priority areas. [Robert Menza, Standard]

The talk about recalling non-performing MPs is a classic case of becoming suddenly very clever.

The phrase ‘suddenly very clever’ was coined by former President Mwai Kibaki to mock nonstarters who mess up big time, then feign innocence. That’s what we’ve become.

With Electoral Commission Chairman Erastus Ethekon confirming last week that they’ve received petitions to recall some MPs, our knack for wisdom after tragic errors is proven beyond doubt.   

We said ‘sio uchawi, ni maombi’ (it’s not sorcery, it’s prayer) when we elected leaders in 2022. We called them ‘God-chosen’ and ‘mtu wetu’ (our ally) only to turn on them at the first stumble. They aren’t the problem – we are. But that’s not even the issue. The real taboo remains the vetting of aspirants before every election.

Truth is, many of the leaders now facing recall likely never met the leadership and integrity standards set out in Chapter Six of the Constitution in the first place.

Bogus degrees, sycophants, fake engineers, the sky team, ‘wash wash’ and the ethnic bigots. How were they elected despite the red flags? Largely due to our gullibility, and because the vetting meant to safeguard the sanctity of public office has become a mere formality.

The Ethics and Anti-Corruption Commission repeatedly issues damning reports on many would-be leaders, yet these are routinely ignored. Other oversight agencies have voiced similar frustrations, pointing to a systemic failure to uphold accountability from the outset.

The moment mandatory vetting allows individuals with questionable moral records a free pass to power, influence and big money, we’re doomed. The irony is that during campaigns, voters think emotionally, not logically. We react with our hearts instead of brains. On election day, as we cast the ballots, we leave our common sense at home.  

If we’ve normalised graft and tribalism leading to bad governance, do we have the moral grounds to indict floundering leaders? How? Would we recall them today, then wait to make worse choices in 2027? Go tell that to the birds.

In all honesty, the petitions Mr Ethekon is talking about are hot air. It isn’t even a priority for the new electoral commission that’s struggling to restore confidence in the electoral process. Besides, the threshold for recall is far too high. According to Article 104(1), a recall petition must be signed by at least one-third of registered voters of a constituency.

When you look at the recall provision, its design suggests it wasn’t meant to work. And given Kenya’s party politics, where even the likes of DCP, ODM, Wiper and UDA don’t know what they stand for, and the money factor in Kenya, it amounts to wishful thinking.

Similarly, much as this law may have been intended to make MPs accountable throughout their term, it could also be misused for mischief. Even in Britain, the Recall of MPs Act 2015 remains controversial ever since it nailed Peterborough Labour MP Fiona Onasanya.

Jailed for three months over a traffic offence, some 19,000 voters signed the petition to recall her. Even so, there were murmurs about how unfair the process was. Here, how would you even start pursuing an MP for recall when many worse felons are in office and seen to be celebs? We even had a known prison escapee holding a high office.

Wanjiku must accept her fate. She made her bed and must now lie on it. Recall will only be a fatal distraction. After all, 2027 is fast approaching. Back to Chapter Six, any politician who circumvents the integrity code going forward should face prosecution. It can’t be business as usual.

The EACC, the Directorate of Public Prosecutions, the police, the Judiciary, the Directorate of Criminal Investigations and other key agencies must restore integrity in public service at whatever cost.

Let Kenya draw lessons from Europe and elsewhere, where integrity vetting is thorough, yet still respects aspirants’ rights under the International Covenant on Civil and Political Rights.

We can’t afford to trivialise this critical process. Otherwise, we’ll reduce leadership to a bad joke.

The writer is a communications practitioner. X:@markoloo  

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