Nairobi, July 30- The Independent Electoral and Boundaries Commission (IEBC) has clarified that while the Constitution grants Kenyans the right to recall underperforming MPs and Senators under Article 104, there is currently no law in place to make it possible.
In a public statement, IEBC Chairperson Erastus Ethekon said the Commission supports the public’s right to recall elected leaders but cannot act on such requests without the necessary legal framework.
At present, only Members of County Assemblies (MCAs) can be recalled under existing law. The IEBC confirmed it is currently processing valid petitions for MCA recalls but noted that no such mechanism exists for Members of Parliament or Senators.
The current deadlock stems from a 2017 High Court ruling which struck down sections of the Elections Act that outlined how MPs could be recalled, deeming them unconstitutional. While Parliament later revised the law to enable MCA recalls, it never passed new legislation for MPs and Senators.
Ethekon confirmed the IEBC has received four petitions seeking the removal of MPs but emphasized they cannot proceed under current legal constraints.
The issue has sparked renewed calls for reform, with Law Society of Kenya President Faith Odhiambo saying the recall right has effectively been suspended, both in law and in practice.
