The Independent Electoral and Boundaries Commission (IEBC) has clarified on experiences circulating on-line claiming it has obtained near 60 recall petitions focusing on Members of Parliament.
A viral submit alleged that “IEBC confirmed that as of immediately, near 60 recall petitions had been obtained from residents accusing their MPs of failing to signify their pursuits.” But the Commission has labeled the assertion “FAKE.”
IEBC mentioned it had not obtained the variety of petitions claimed and warned the general public towards spreading misinformation.
Kenya’s recall course of is ruled by strict authorized provisions beneath the Elections Act, together with particular grounds, documentation, and verification thresholds earlier than a petition might be thought of legitimate.
Table of Contents
Legal Grounds for Recall
Recall of elected leaders in Kenya is uncommon because of the excessive authorized bar, which incorporates proving gross misconduct, gathering signatures from a sure share of registered voters in a constituency, and approval by each IEBC and the High Court.
Under Article 104 of the Constitution and Sections 45 by means of 48 of the Elections Act, 2011, an MP can solely be recalled beneath particular situations and solely after a minimal of two years in workplace.
An MP could also be topic to recall on any of the next grounds:
- Violation of Chapter Six of the Constitution, which offers with management and integrity,
- Gross misconduct
- Physical or psychological incapacity to carry out their duties.
However, an MP can’t be recalled inside the first two years of their time period or inside the final 12 months earlier than the subsequent normal election.
Step-by-Step Recall Procedure
Filing the Petition
A registered voter from the MP’s constituency should provoke the method by submitting a petition to the Independent Electoral and Boundaries Commission (IEBC).
Signature Collection
The petitioner should collect supporting signatures from a minimum of 30% of registered voters within the constituency, together with illustration from a minimum of half of the constituency’s wards.
Verification by IEBC
IEBC verifies the authenticity of the signatures and confirms that the petition meets the authorized threshold and is predicated on legitimate grounds.
High Court Determination
If the IEBC is happy, it refers the matter to the High Court to find out whether or not the MP has certainly violated the Constitution or dedicated any of the alleged infractions.
Recall By-Election
If the courtroom guidelines in favor of the petition, the IEBC proceeds to declare a recall election. Constituents then vote to both retain or take away the MP.
Outcome of the Vote
A majority vote in favor of recall results in the MP shedding their seat. Otherwise, the MP stays in workplace.
Though the recall course of exists in legislation, it’s not often pursued to completion because of the excessive burden of proof, logistical calls for, and authorized safeguards meant to stop abuse for political causes.
By-Elections for Vacant Seats
Addressing the media on July 19, 2025, IEBC Chairperson Erastus Ethekon mentioned the fee will announce the by-election timelines from subsequent week
“Regarding the upcoming by-elections, we’ll temporary the nation on the small print, together with timelines, beginning subsequent week and within the coming months,” Erastus Ethekon mentioned.
The transfer goals to revive the constitutional proper to illustration in areas affected by vacant seats.
The fee will likely be tasked with conducting by-elections in additional than 16 constituencies.
At least 14 electoral areas require by-elections for members of the National Assembly, together with seven ward seats left vacant because of the deaths of elected representatives.
