IEBC Explains Why You Can’t Recall Your MP

The Independent Electoral and Boundaries Commission has shed light on why Kenyan citizens cannot currently recall their Members of Parliament and Senators, despite having this constitutional right under Article 104.

IEBC Chairperson Erastus Ethekon revealed that while the Commission fully supports voters’ rights to remove underperforming legislators, no enabling legislation exists to facilitate the recall process for national lawmakers.

This creates a frustrating paradox where citizens possess a constitutional right they cannot exercise.

The legal vacuum stems from a 2017 High Court ruling in the case of Katiba Institute and Transform Empowerment for Action Initiative versus the Attorney General.

The court struck down crucial sections of the Elections Act 2011 that outlined procedures for recalling MPs, declaring them discriminatory and unconstitutional.

While Parliament later amended the law to address recalls for Members of County Assemblies, it failed to enact new legislation governing MPs and Senators.

This oversight has left the IEBC unable to process four recent petitions seeking to recall national legislators.

“The Commission stands ready to facilitate the process without fear, favour, or hindrance,” Ethekon stated, emphasizing that the limitation is purely legal rather than institutional reluctance.

The situation has drawn sharp criticism from the Law Society of Kenya, with President Faith Odhiambo warning that the constitutional safeguard embedded in Article 104 remains unenforceable.

She criticized Parliament’s prolonged inaction, noting that “the necessary legal reconciliation was never done.”

Hope for resolution lies with the Elections Amendment Bill, Senate Bill No. 29 of 2024, currently awaiting its second reading in the National Assembly.

However, the LSK has raised concerns that the bill may unnecessarily narrow the grounds for recall beyond what the court required.

The IEBC has formally recommended that Parliament enact clear, constitutionally sound legislation to restore this democratic mechanism.

Until then, citizens’ hands remain tied, unable to exercise their fundamental right to hold elected representatives accountable through recall.

This legal limbo highlights a broader challenge in Kenya’s democratic framework, where constitutional rights can become meaningless without proper legislative implementation.

As public frustration with parliamentary performance grows, the urgency for resolving this legal gap becomes increasingly apparent.​​​​​​​​​​​​​​​​