Wednesday, July 30, 2025 - Independent Electoral and Boundaries Commission (IEBC) Chairperson, Erastus Ethekon, has clarified that Kenyans are currently unable to recall Members of Parliament and Senators due to the lack of a supporting legal framework.
Speaking on Wednesday, July 30th, Ethekon
explained that while Article 104 of the Constitution grants citizens the right
to recall elected leaders, the absence of enabling legislation makes
enforcement impossible.
He pointed to a 2017 High Court ruling in Katiba Institute
& TEAM v Attorney General, which declared sections of the Elections Act
2011 unconstitutional for being discriminatory.
“Only MCAs are currently subject to recall under existing
statutory provisions.”
“Parliament has not amended the law to extend the same to
MPs and Senators,” Ethekon noted.
The IEBC has submitted formal recommendations urging
lawmakers to develop a clear legal process for recalling members of the
National Assembly and Senate.
Ethekon expressed hope that Parliament will address the gap
to uphold the spirit of Article 104.
Meanwhile, the IEBC continues to process valid recall
petitions for MCAs.
Ethekon also disclosed that the commission has received four
recall applications targeting MPs, but noted they cannot proceed without the
necessary legislation.
The Kenyan DAILY POST
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