IEBC Proposal on Recall of Members of Parliament (MPs) | Procedures

The Independent Electoral and Boundaries Commission (IEBC) has proposed amendments to Kenya’s election laws that would create a formal process for recalling Members of Parliament before the end of their term.

Key Provisions of the Recall Proposal
All voters in Kenya’s 290 constituencies would have the right to initiate the recall of their MP if the proposed law is passed.
A recall can only be initiated:
1. After 24 months have passed since the election of the MP.
2. Not later than 12 months before the next general election.
3. Only once during the MP’s term.

Grounds for Recall
An MP may be recalled on grounds of:
Gross violation of the Constitution or any other law.
1. Incompetence.
2. Gross misconduct.
3. Conviction of an offence punishable by imprisonment for at least six months.

How the Recall Process Would Work
I) A voter from the constituency files a written petition with the IEBC.
II) The petition must state the grounds for recall.
III) The petition must include a list of supporters amounting to at least 30% of registered voters in the constituency.

IV) Supporters must provide:
a) Name
b) Address
c) National ID card or passport number
d) Signature
V) The petitioner must submit the list of supporters to IEBC within 30 days of filing the petition.

VI(IEBC must verify the list within 30 days of receiving it.

VII) If the requirements are met, IEBC must issue a notice of recall to the Speaker of the National Assembly.

VIII) IEBC would then conduct a recall election within 90 days in the affected constituency.

Background
Previous public attempts to recall MPs, particularly after the Gen Z protests, were unsuccessful because courts ruled that Parliament must first enact a specific law governing the recall process.

The proposed IEBC amendments are intended to provide that legal framework