EXPLAINER: IEBC Reveals Why MPs Can’t Be Recalled Now
The Independent Electoral and Boundaries Commission (IEBC) has addressed why Kenyans cannot recall their MPs or Senators, despite a constitutional provision in Article 104 that allows voters to do so.
In a comprehensive statement, the Commission acknowledged that, while it fully supports voters’ right to recall underperforming elected officials, there is currently no legislation in place to permit MP recalls.
The Commission emphasized that “MPs” refers to both National Assembly and Senate members, who cannot be legally removed by the public at this time.
“The Commission stands ready to facilitate the process without fear, favour, or hindrance,” IEBC chairperson Erastus Ethekon said.
According to Ethekon, a valid legal framework exists solely for the recall of County Assembly Members.
In such circumstances, it claimed that it is now processing petitions that meet the statutory requirements.
“The Commission is actively processing petitions for recall where validly submitted,” he said. “But for MPs and Senators, the situation is different.”
Press Release: Public Clarification on Party List Re-Allocation and Right of Recall
— IEBC (@IEBCKenya) July 30, 2025
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The impasse, he explained, derives from a 2017 High Court decision in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Others.
The court ruled that crucial portions of the Elections Act 2011, which established the grounds and procedures for recalling MPs, were discriminatory and unconstitutional.
Although Parliament later changed the law to handle the recall of MCAs, it did not pass new legislation controlling MPs and Senators.
As a result, he claimed, the IEBC is unable to act on petitions for their removal, despite receiving four such applications recently.
Ethekon recently revealed to the press that it had received four requests, but that each would be considered separately, “but within the limits of existing law.”
The disclosure revived public debate, particularly appeals from several sources, including the Law Society of Kenya (LSK), for immediate legislative action.
“Unfortunately, the necessary legal reconciliation was never done,” said LSK President Faith Odhiambo. “As a result, the right has been suspended both in law and practice.”
The organization has chastised Parliament for its lengthy inaction, warning that the constitutional guarantee enshrined in Article 104, and hence the sovereignty of the people as outlined in Article 1, remains unenforceable.
Hopes for a legislative solution currently rely on the Elections (Amendment) Bill, Senate Bill No. 29 of 2024, which is awaiting second reading in the National Assembly.
The Bill seeks to harmonize the Elections Act with the court decision by repealing the rejected clauses.
This includes the requirement to file recall petitions in the High Court and the discriminatory exclusions on voter eligibility to initiate recalls.
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However, the LSK is concerned that the Bill goes too far in narrowing the grounds for recalling an MP or Senator.
“The disturbance of the threshold for removal is unnecessary and was not contemplated by the Court,” said Odhiambo.
“Parliament must uphold the true spirit and intent of Article 104 and Chapter Six of the Constitution on leadership and integrity.”
The IEBC reaffirmed that it had already made formal recommendations to Parliament, urging it to establish a clear and constitutionally sound legal framework for recalling MPs. Until then, citizens’ hands are tied.
EXPLAINER: IEBC Reveals Why MPs Can’t Be Recalled Now
