The sports category has moved to a new website.
ADVERTISEMENT

2 Reasons Kenyans may fail in recalling members of parliament

While the prospect of recalling MPs has gained momentum over the Finance Bill 2024, significant hurdles stand ahead of the process

Kenya Parliament at a past session
  • Public protests in Kenya against the Finance Bill 2024 have led to discussions about recalling Members of Parliament who supported the bill
  • The recall process is challenging due to requirements such as High Court judgment, initiation by registered voters, and timing constraints
  • Challenges in the recall process include petition filing, verification by the Independent Electoral and Boundaries Commission, and recall election

As Kenyans continue protesting the passing of the controversial Finance Bill 2024, discussions have begun regarding the potential recall of Members of Parliament (MPs) who voted in favour of the bill.

On Thursday, 205 lawmakers voted Yes, defeating the 115 who opposed the bill.

In addition to the public outcry, political parties such as the Wiper Party and the Orange Democratic Movement (ODM) have also expressed intentions to initiate recalls for their members who supported the bill.

ADVERTISEMENT

However, the recall process is fraught with challenges, including the constitution of the Independent Electoral and Boundaries Commission (IEBC) and the timeline MPs must meet for recall, among others.

An MP can be recalled under the following circumstances:

ADVERTISEMENT
  1. Violation of Chapter Six of the Constitution: This includes ethical standards and integrity in public office.
  2. Mismanagement of public resources: If an MP is found, through due legal process, to have mishandled public funds.
  3. Conviction under the Elections Act: In cases where an MP is convicted of an offence related to electoral malpractice.

The recall process can only commence following a High Court judgment confirming the grounds for recall.

Importantly, the process must be initiated by a registered voter from the respective constituency where the MP serves.

ADVERTISEMENT

This can only occur between 24 months after the MP's election and 12 months before the next general election.

Despite the calls for recall, several challenges complicate the process:

  • Constitution of IEBC: The Independent Electoral and Boundaries Commission (IEBC), responsible for overseeing the recall process, currently faces issues with its composition due to retirements and resignations of commissioners.
  • Timing restrictions: MPs elected in the recent general election in Kenya are not yet eligible for recall until they reach the 24-month mark, which will occur in August 2024.
  • Signature requirements: Initiating a recall petition requires signatures from at least 30% of registered voters in the constituency, with specific thresholds from each ward within the constituency.
ADVERTISEMENT

Petition filing: A registered voter from the constituency must file a petition with the IEBC, accompanied by:

  • A list of signatures meeting the 30% threshold.
  • Evidence supporting the grounds for recall.
  • A statutory declaration validating the signatures.
ADVERTISEMENT

Verification: The IEBC verifies the petition and signatures to determine if they meet the required thresholds.

Notification and response: If the petition is validated, the IEBC notifies the MP, who then has an opportunity to respond to the allegations within a specified period.

Recall election: Upon confirmation of the petition's validity, the IEBC notifies the Speaker of Parliament and proceeds to organise a recall election within 90 days. The MP loses their seat if a simple majority votes in favour of the recall.

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: news@pulselive.co.ke

Recommended articles

Volunteer retrieving bodies in Kware impresses Kenyans as Sakaja promises reward

Volunteer retrieving bodies in Kware impresses Kenyans as Sakaja promises reward

1 person shot, chaos erupt in Mukuru kwa Njenga as residents recover more bodies [Video]

1 person shot, chaos erupt in Mukuru kwa Njenga as residents recover more bodies [Video]

Safaricom postpones system maintenance & service interruptions planned for Sunday

Safaricom postpones system maintenance & service interruptions planned for Sunday

DCI reveals new details on mutilated bodies recovered in Mukuru kwa Njenga

DCI reveals new details on mutilated bodies recovered in Mukuru kwa Njenga

Bishop bars politicians from speaking at Ruto's event amid pressure from gen Z

Bishop bars politicians from speaking at Ruto's event amid pressure from gen Z

IG Douglas Kanja takes decisive action after discovery of bodies in Mukuru kwa Njenga

IG Douglas Kanja takes decisive action after discovery of bodies in Mukuru kwa Njenga

Ruto offered me a CS position this week & I declined – Azimio Principal reveals

Ruto offered me a CS position this week & I declined – Azimio Principal reveals

DCI gives update amid confusion over number of bodies retrieved in Mukuru kwa Njenga

DCI gives update amid confusion over number of bodies retrieved in Mukuru kwa Njenga

Kenyans react as Shakur the Cop shares his plight after taking part in demos

Kenyans react as Shakur the Cop shares his plight after taking part in demos

ADVERTISEMENT