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7 accusations Esther Passaris faces in recall petition received by IEBC

Four Kenyans have launched a recall petition against Nairobi Woman Representative Esther Passaris, citing seven alleged constitutional violations
Nairobi Woman Representative Esther Passaris
Nairobi Woman Representative Esther Passaris

A landmark petition has been filed with the Independent Electoral and Boundaries Commission (IEBC) by four young Kenyans, seeking the recall of Nairobi Woman Representative Esther Passaris. 

This marks a significant effort, as no Member of Parliament (MP) in Kenya has ever been successfully recalled from office.

The petitioners, identified as Shakira Wafula, Marvin Mabonga, Dominic Omandi, and Cich Soet, formally submitted their petition to the IEBC, citing multiple alleged constitutional violations by the Woman Representative. 

The IEBC is currently reviewing the submission to determine if it meets the stringent legal thresholds required for a recall process to proceed.

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Nairobi Woman Representative Esther Passaris

Nairobi Woman Representative Esther Passaris

The detailed grounds listed against Passaris include:

  • Violations of several articles of the Kenyan constitution, specifically articles 10, 35, 37, 73, 75, 95, and 232.

  • Undermining peaceful protest and public participation.

  • Failure to adequately represent Nairobi women, particularly concerning police brutality.

  • Allegations of aligning with executive overreach.

  • Refusal to disclose the utilisation of National Government Affirmative Action Funds.

  • Breach of Chapter Six of the Constitution, which pertains to leadership and integrity.

  • Spreading disinformation.

Under the law, an MP can only be recalled after serving at least two years in office and before the final year of their electoral term. 

Should the IEBC find merit in the petition, the petitioners will face the formidable task of collecting a minimum of 750,000 valid signatures, which represents 30% of Nairobi's 2.5 million registered voters. 

Additionally, they must achieve a 15% threshold in at least half of Nairobi's wards.

READ ALSO: Esther Passaris takes heat for hailing controversial Adani deal as 'gamechanger'

Upon successful collection, the IEBC would then verify these signatures within a 30-day period. 

If all conditions are met, the commission is mandated to notify the Speaker of Parliament, who would then be required to call a recall election within 90 days. 

Nairobi Woman Representative Esther Passaris

Nairobi Woman Representative Esther Passaris

For the MP to be officially removed from office, at least 50% of all registered voters must participate in the recall election, with a majority voting "yes" to the recall.

Despite the challenges inherent in the recall process, which is widely considered to be nearly impossible, the petitioners have expressed confidence in their ability to gather over 1 million signatures. 

They emphasise that their initiative transcends a mere legal challenge, viewing it as a civic duty aimed at empowering Kenyan citizens to hold their elected representatives accountable. 

As the IEBC continues its review, the petitioners are preparing to mobilise voters across Nairobi for what they anticipate will be a crucial democratic test.

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