Editor's Review

IEBC Chair Erastus Ethekon has revealed that it is impossible to recall MPs and Senators due to the absence of a legal framework. 

The Independent Electoral and Boundaries Commission (IEBC) Chairperson, Erastus Ethekon, has revealed that Kenyans cannot recall their Members of Parliament due to the absence of a legal framework outlining the procedures for such action. 

In a statement on Wednesday, July 30, Ethekon explained that the absence of enabling legislation has made it impossible for the commission to enforce the right to recall MPs and Senators.

The IEBC chair noted that provisions in the Elections Act 2011 were declared unconstitutional following a court ruling.

“There is currently no enabling legislation defining the grounds and procedures for recall. This legal gap arises from the High Court’s ruling in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another [2017] KEHC 4648 (KLR).

“In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” Ethekon stated.

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File image of the National Assembly. 

The IEBC chairperson pointed out that Parliament subsequently amended the law to address the recall of MCAs; however, no amendments have been made to the recall of MPs and Senators.

Further, Ethekon said the commission has submitted recommendations urging the enactment of a clear legal framework to govern the recall process for Members of the National Assembly and Senate.

“We remain hopeful that this will be addressed to uphold the full spirit of Article 104,” Ethekon added.

Meanwhile, the IEBC chair said a statutory framework is in place for Kenyans to recall MCAs, and the commission is processing petitions already submitted.

This comes days after Ethekon disclosed that the commission had received four separate petitions from Kenyans recalling certain MPs.

"Kenyans are actively discussing this subject of recall. So we have currently received roughly four applications, and we will look at them once we get back to the office," Ethekon said on July 19.