The Independent Electoral and Boundaries Commission (IEBC) has given it’s reason why it is practically impossible to recall your Member of Parliament (MP) and Senator as calls for ouster among disastisfied Kenyans are on the rise.
In a statement, IEBC stated that there is no legal framework to recall MPs or Senators who have underformed in their mandate that stemmed from a court ruling in 2017.
There is currently no enabling legislation defining the grounds and procedures for recall,” IEBC Chairperson Erastus Ethekon said.
According to IEBC, the loophole arose from the court ruling in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) vs Attorney General and Another (2017), where provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory.
However, the electoral body confirmed the process of recalling a Member of County Assembly is currently active.
The Commission called upon the Members of Parliament to seal the legal loopholes blocking the recall of MPs and Senators.
“The Commission has formally submitted recommendations to Parliament urging the enactment of a clear legal framework to govern the recall process for Members of the National Assembly and Senate. We remain hopefull that this will be addressed to uphold the full spirit of Article 104,” said the Commission’s Chairperson.
