Despite Kenya's Constitution granting citizens the right to recall their Members of Parliament, a legal vacuum and a previous High Court ruling have rendered the process virtually impossible.
This became a burning issue following the public's angry reaction to the passing of the Finance Bill 2024 on June 25 last year, when demonstrations across the country ended in violence and loss of lives. The events highlighted a profound sense of betrayal among sections of Kenyans, prompting a nationwide discussion on how to hold their elected leaders accountable.
The constitutional provision for recalling MPs, found in Article 104, states that Parliament must enact legislation to define the grounds and procedures for such a recall. Recall Process Parliament attempted to do this with the Elections Act of 2011, which outlined a rigorous process. To remove an MP from office, a High Court must first confirm their guilt for specific reasons, such as mismanagement of public funds, violations of the Elections Act, or breaches of Chapter Six of the Constitution.
After this, a recall petition must be signed by at least 30 per cent of registered voters in the constituency, and all signatures need to be collected within 30 days.
