Why you cannot recall your MP just yet

The Independent Electoral and Boundaries Commission (IEBC) now says it cannot facilitate the recall of Members of Parliament due to the absence of a clear legal framework guiding the process.

IEBC Chairperson Erastus Ethekon, in a statement on Wednesday, July 30, cited a High Court ruling that declared key sections of the Elections Act 2011 unconstitutional for being discriminatory. 

The ruling stemmed from a case filed by Katiba Institute and Transform Empowerment for Action Initiative (TEAM) vs Attorney General and another [2017] KEHC 4648 (KLR).

“There is currently no enabling legislation defining the grounds and procedures for recall,” said Ethekon, adding, “In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory.”

While Parliament amended laws to facilitate the recall of Members of County Assemblies (MCAs), it has yet to address similar provisions for MPs and Senators. 

Calls to recall some MPs have intensified following their support for the contentious Finance Bill 2024, which was later withdrawn by President William Ruto, amid public outcry and deadly protests.

A petition to recall Nairobi Woman Representative Esther Passaris has already been filed at the commission. 

The petition, submitted by a group of young Kenyans, accuses Passaris of misrepresenting voters, including backing the Public Order Bill that sought to limit protest rights.

ODM nomination

Separately, IEBC has also defended its decision to reallocate the nominated MP seat vacated by John Mbadi to Harold Kimuge Kipchumba, dismissing claims of procedural irregularities by the ODM Party.

“ODM party has publicly expressed concerns regarding the Commission's decision to re-allocate the party list seat vacated by John Mbadi, claiming that the process was neither procedural nor lawful. Respectfully, this is not accurate,” said Ethekon. 

He noted that Kimuge’s nomination followed the party list submitted by ODM in July 2022, as required by law, and that Kimuge was next in line after Mbadi on the men’s list. 

ODM had submitted 12 nominees, including six men and six women.

John Antira Ketora, who was third on the list, has also protested the nomination of Kimuge.