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The Independent Electoral and Boundaries Commission (IEBC) has confirmed receiving applications by citizens to recall four sitting members of parliament.
IEBC chairperson Erastus Ethekon confirmed that the applications will be reviewed by the commission on merit and could see the affected MPs exit the parliament earlier than they wish if the subsequent processes sail through.
"Kenyans are actively discussing this subject of recall. So, currently we have received roughly four applications, and we will look at them once we get back to the office.
Chairperson of the Independent Electoral and Boundaries Commission (IEBC) Erastus Edung Ethekon
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"It is the right of every Kenyan to exercise their right to recall an MP as per the Constitution, and as the electoral board, we will do what the law allows us to do.
The development is evidence of heightened civic engagement among Kenyans who are increasingly taking a firm stand against unpopular decisions made by their elected representatives while also ensuring that their voices are heard and those who fail to live up to their expectations exit through legal pathways.
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National Assembly chambers
Article 104 of the Constitution underscores Kenya’s commitment to democratic governance with structured mechanisms to hold elected MPs accountable and ensure that they serve the interests of the electorate.
Who can initiate the recall of a sitting MP & timelines
The constitution is clear on the timelines for recalling an MP and who can initiate the process.
Anyone who contested for that seat in an election cannot initiate a recall petition, with the number of recall petitions capped at one during the MP’s term.
The recall process can also only be initiated by a voter registered in the constituency represented by the targeted MP.
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In terms of timelines, voters can not initiate the recall of an MP within the first 24 months of the MP’s election with setting the cut off time for filing a recall petition. It cannot be filed within twelve months of the next general election.
Steps of recalling a sitting MP
The Elections Act details steps through which voters can recall their elected representatives.
This starts with a voter in the MP’s constituency applying to the IEBC to start a recall petition detailing reasons why they want the MP recalled.
The next step is a review of the recall application by the IEBC to ensure that it meets the legal threshold and other requirements. Successful applicants receive a recall petition form from the IEBC within fourteen days.
The voter behind the petition fills the recall petition form and proceeds t collect signatures from registered voters in the targeted MP’s constituencies with each signature accompanied by the voter’s full name and National ID number.
This should be accomplished within 30 days with the minimum number of signatures set at at least 30% of registered voters within the constituency.
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The completed petition along with the signatures and a list of at least 15% of those who signed the petition (these voters will serve as witnesses) is presented to the IEBC for review.
IEBC then verifies the petition, including confirming that the number of signatures and other requirements have been met while also confirming that those who signed the petition are actually registered voters within the affected MP’s constituency. This process takes 30 days with the commission conveying its findings to the petitioner on the next steps.
If the petition receives a nod from the commission at this stage, IEBC notifies the Speaker of the National Assembly within fifteen days.
A recall election is called within 90 days if the grounds for recall are confirmed, giving voters a chance to decide the fate of the MP.
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Citizens walking outside Parliament buildings
The recall election s structured in the form of a referendum in which voters are asked to answer “yes” or “no” to their MP being recalled. A simple majority of 50% + 1 of votes cast is used to decide the recall election.
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If kicked out by voters, IEBC holds an election within 90 days in which voters get the chance to pick their representative, with the recalled MP still allowed to contest in the elections if they choose to and meet the requirements.