The Independent Electoral and Boundaries Commission's failure to start processing applications to recall Members of Parliament has triggered a court battle, just weeks after a new team of commissioners led by Erastus Ethekon took office.
In a statement on July 30, the IEBC said it cannot facilitate the recall of Members of Parliament due to the absence of a clear legal framework.
The commission cited a High Court ruling that declared key sections of the Elections Act, 2011 unconstitutional for being discriminatory. Critics, however, accuse the IEBC of creating 'an artificial lacuna' to shield targeted MPs.
Newton Boore, Dennis Mwaki, Morris Mawira, Agnes Mwende, Seth Kinoti and Christine Kanana told the High Court in Nairobi that Members of Parliament have deliberately failed to enact a law on their recall, while the IEBC has refused to implement Article 104 of the Constitution, which provides for recalling Senators and MPs.
