NAIROBI, Kenya, Jul 31 – The Independent Electoral and Boundaries Commission (IEBC) has formally submitted recommendations to Parliament seeking the establishment of a legal framework to enable the recall of Members of Parliament.
While citing a critical legislative gap that has rendered Article 104 of the Constitution unenforceable regarding MPs, theCommission emphasized its readiness to facilitate the constitutional right of citizens to recall elected representatives.
It however noted that while a mechanism exists for recalling Members of County Assemblies (MCAs), no such framework currently governs the recall of MPs from the National Assembly or Senate.
“There is currently no enabling legislation defining the grounds and procedures for recall [of MPs],” the Commission stated.
The poll agency attributed the gap to a 2017 High Court ruling that nullified sections of the Elections Act as unconstitutional and discriminatory.
The landmark case Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another [2017] KEHC 4648 (KLR) struck down the recall provisions in the Elections Act for failing to meet constitutional thresholds of fairness and equality.
While Parliament later amended the law to outline the process for recalling MCAs, it has yet to do the same for Members of Parliament.
IEBC confirmed that it is currently processing valid recall petitions for MCAs under the existing framework but remains powerless to act on similar calls targeting MPs due to the legislative vacuum.
“The Commission 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,” the statement read.
The electoral body called on lawmakers to urgently address the issue to give full effect to Article 104 of the Constitution, which empowers voters to remove their representatives from office before the end of their term under specific conditions.
“We remain hopeful that this will be addressed to uphold the full spirit of Article 104,” the Commission noted.
