The Independent Electoral and Boundaries Commission (IEBC) has explained why Members of Parliament cannot currently be recalled by voters.
IEBC Chairperson Erastus Edung Ethekon said there is no law that clearly outlines how MPs can be removed from office by the public.
“There is currently no enabling legislation defining the grounds and procedures for recall,” he said.
He explained that this legal gap follows a High Court decision in the case Katiba Institute and Transformation Empowerment for Action Initiative (TEAM) v Attorney General & Another [2027] KEHC 4648 (KLR), where parts of the Elections Act 2011 were declared unconstitutional for being discriminatory.
However, the IEBC Chair noted that Members of County Assemblies (MCAs) can still be recalled since that process is already provided for in law.
“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,” Ethekon said. “We remain hopeful that this will be addressed to uphold the full spirit of Article 104 of the Constitution.”
Ethekon also confirmed that the IEBC has received petitions to recall four MPs, and there is growing public pressure to recall Nairobi Woman Representative Esther Passaris.