Kenya has no law to recall MPs and Senators – IEBC

On July 28, Kenyan citizens Shakira Wafula, Mavin Mabonga, Dominic Omondi and Sichei Soet submitted a petition to the Independent Electoral and Boundaries Commission (IEBC) seeking the removal of Nairobi Woman Representative Esther Passaris. 

Invoking article 104 of the constitution, the petitioners sought Passaris’ removal over constitutional violations and abandonment of her representative duties. 

Now, the IEBC says Kenya has no enabling legislation defining the grounds and procedures for recall of a Member of the National Assembly or the Senate. 

“This legal gap arises from the High Court's ruling in Katiba Institute and Transform Empowerment for Acton Initiative (TEAM) v Attorney General & Another 120171 KEN( 4648 CALA). In that case, provisions within the Elections Act 1011 were declared unconstitutional for being discriminatory,” the IEBC said on Wednesday. 

The electoral body points that while there is no legal framework for removal of MPs and Senators, Members of County Assemblies (MCAs) can be recalled under Article 104 of the Kenyan constitution. 

“While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament,” says IEBC. 

Assuring of its commitment to the Right to Recall, IEBC holds that it has written to parliament seeking legislative provisions to allow recall of MPs and Senators.