The Independent Electoral and Boundaries Commission (IEBC) has officially declared that Kenyans can no longer recall Members of Parliament (MPs) — at least for now — due to a legal void created by a 2017 High Court ruling.
In a statement released on Wednesday, July 30, IEBC Chairperson Erastus Ethekon explained that the ruling had rendered the recall process invalid.
According to the court, specific parts of the Elections Act 2011 — the sections outlining how and why MPs can be recalled — were declared unconstitutional because they unfairly discriminated against certain leaders.
This legal verdict stems from the case Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another (2017) KEHC 4648 (KLR). As a result of that ruling, there is currently no valid law outlining the criteria or procedures required to recall MPs.
Despite this, Ethekon confirmed that four recall petitions have already been submitted, but none can move forward without a proper legal framework.
“There is currently no law clearly defining how an MP can be recalled,” IEBC noted. “This gap exists because the High Court struck down those parts of the Elections Act 2011 as unconstitutional and discriminatory.”
This announcement deals a major blow to citizens who were planning to oust underperforming MPs before the 2027 General Election. One of the most prominent efforts came from Nairobi, where activist Shakira Wafula recently filed a petition seeking the removal of Nairobi Woman Representative Esther Passaris.
Filed on Monday, July 28, the petition accused Passaris of violating the Constitution, misusing her office, failing in her duties, and betraying public trust.
In response, Passaris challenged her critics to offer better solutions instead of attacking her record. “If you want my seat, show Kenyans you can lead — don’t tear down what I’ve built,” she fired back.
Meanwhile, another recall petition targets North Imenti MP Rahim Dawood. Local residents have accused him of backing the unpopular 2024 Finance Bill, staying silent on cases of abductions and killings in the region, and participating in what they termed an “unjustified” move to impeach former Deputy President Rigathi Gachagua. He’s also been blamed for failing to secure funding to complete stalled projects in Meru.
Under normal circumstances, once a recall petition is accepted by the IEBC, voters would begin collecting signatures. The IEBC would then have 30 days to verify the signatures, after which it would notify the Speaker of the National Assembly or Senate within 15 days.
A recall vote — where voters decide whether to remove the MP — would be held within 90 days. If voters opt to recall the lawmaker, the IEBC would organize a by-election. Interestingly, the recalled MP is still allowed to run for the seat again.
However, due to the current legal vacuum, none of these steps can be carried out for MPs. To resolve the issue, the IEBC has formally asked Parliament to pass a new law to guide the recall process for both Members of the National Assembly and Senators.
On a more positive note, the IEBC confirmed that Kenyans still have the legal right to recall their Members of County Assembly (MCAs). This is because lawmakers had earlier amended the law to fix similar issues regarding the recall of MCAs.
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