IEBC:NO LAW EXISTS TO RECALL MPS, SENATORS DESPITE PETITIONS

The Independent Electoral and Boundaries Commission (IEBC) has confirmed that Kenya currently lacks a legal framework to recall Members of Parliament (MPs) and Senators, despite the constitutional provision allowing voters to do so.
In a statement, the IEBC said it had received four petitions seeking the recall of elected legislators, including one targeting Nairobi Woman Representative Esther Passaris. However, the commission clarified that it is unable to take action due to the absence of an enabling law.
Article 104 of the Constitution gives voters the right to recall their representatives, but the legal provisions that operationalized the process—contained in the Elections Act 2011—were invalidated by the High Court in 2017 for being unconstitutional.
“Although the Constitution provides for the right to recall, Parliament has not enacted valid legislation to enforce it for MPs and Senators,” the IEBC said.
While a legal framework still exists for recalling Members of County Assemblies (MCAs), there is currently no such law in force for MPs or Senators. As a result, the commission has no lawful grounds to act on the existing recall petitions.
Parliament is currently reviewing the Elections (Amendment) Bill 2024, which seeks to re-establish clear procedures and conditions for the recall of legislators. The Senate Justice and Legal Affairs Committee has given the Attorney-General until February 2026 to submit a new framework, failure to which the committee will draft one independently.
Until then, Kenyans will have to wait for Parliament to act before any recall of MPs or Senators can be effected.