NO LAW TO RECALL MPS AND SENATORS.

Nairobi Woman Representative Esther Passaris has been handed a major reprieve after the Independent Electoral and Boundaries Commission (IEBC) confirmed that there is currently no legal framework allowing the recall of Members of Parliament.

This announcement comes just days after four citizens — Shakira Wafula, Mavin Mabonga, Dominic Omondi and Sichei Soet — petitioned the IEBC on July 28 seeking Passaris’ removal from office. The petitioners, citing Article 104 of the Constitution, accused her of violating constitutional provisions and abandoning her duties as their representative.

But the IEBC clarified that the country lacks enabling legislation defining the grounds and procedures for recalling MPs and Senators.

“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] KEN(4648CALA). In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” the electoral body said in a statement on Wednesday.

The commission explained that while Parliament amended the law to create a framework for recalling Members of County Assemblies (MCAs), it has yet to make similar amendments concerning MPs and Senators.

“While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament,” IEBC noted.

Despite the legal vacuum, the electoral agency reassured Kenyans of its support for the Right to Recall and revealed it has already written to Parliament urging lawmakers to craft clear legislative provisions for the recall of MPs and Senators.