How To Recall A Member Of Parliament In Kenya
The opposition faction wants Kenyans to recall all members of Parliament who voted for the contentious Finance Bill 2024.
Opposition-allied parties such as the Orange Democratic Movement Party (ODM) and the Wiper Party had already hinted at initiating recall procedures for all MPs who voted in favor of the bill.
On Thursday, ODM Secretary-General Edwin Sifuna stated that the party will petition those who voted ‘Yes.’
During the second reading, 115 National Assembly members voted against the Finance Bill, while 204 voted in favor of it, moving it to the committee stage.
What Is Required To Recall an MP?
It’s been difficult to recall a member of parliament in the Kenyan political arena.
It has always been an ‘easy to say,’ but ‘hard to implement,’ strategy. This is due to procedural requirements outlined in the Constitution and Elections Act.
Political parties lack sensible structures for recalling a member of parliament. The electorates hold the sole power.
Article 104 of Kenya’s 2010 Constitution only gives voters the right to recall a member of Parliament.
“The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament,” Article 104, clause (1) states.
The Article also allows the parliament to enact legislation that specifies the grounds for recalling a member and the procedure to be followed.
Some of the procedural steps enacted by Parliament and the Elections Act to govern these steps are listed below.
A member of parliament can only be recalled for four reasons: Gross violations of the Constitution or other laws, including an offense under the Elections Act, gross misconduct, and misappropriation of public funds.
“A recall of a Member of Parliament shall only be initiated upon a judgment or finding by the High Court confirming the grounds of violation of provisions of Chapter Six of the Constitution, mismanagement of public resources, and or conviction for an offense under the Elections Act,” the law avers.
The Recall Process:
It involves the petitioner (registered voter) gathering signatures from at least 30% of registered voters in the constituency.
Signatures must include at least 15% of voters from at least half of the constituency’s wards.
The petitioner then submits the collected signatures to the Independent Electoral and Boundaries Commission.
During submission, the petitioner must also provide a list of reasons why the MP should be recalled.
The IEBC will then check and validate the signatures. If the petition meets the threshold, the electoral body will notify the MP, who will then be given an opportunity to respond.
The IEBC then notifies the Speaker of the National Assembly within 15 days to initiate the recall process.
If the decision is not made, the commission will hold new elections within 90 days of the petition’s verification.
How To Recall A Member Of Parliament In Kenya
