The Senate is seeking to introduce a new legal framework that would make it easier for Kenyans to recall MPs and MCAs, including those nominated, in a move meant to strengthen public accountability and citizen oversight.

This follows a report by the Senate Justice, Legal Affairs and Human Rights Committee, chaired by Bomet Senator Hillary Sigei, recommending changes to existing laws that govern the recall of elected leaders.

The committee wants the Elections Act and the County Governments Act revised to include clear procedures and grounds for recalling all categories of lawmakers.

“The Standing Committee on Justice, Legal Affairs and Human Rights should initiate amendments to the Elections Act (Cap 7) and the County Governments Act (Cap 256) to give effect to the right of recall for both directly elected and specially elected MPs and MCAs,” the committee stated in its report.

To achieve this, the Senate is pushing the Office of the Attorney General to coordinate the drafting of a recall policy in partnership with the IEBC, Kenya Law Reform Commission, National Gender and Equality Commission, Office of the Registrar of Political Parties, and the Political Parties Liaison Committee.

The committee noted that the policy should be developed through public participation and clearly outline the recall process for both elected and nominated leaders.

It further directed the agencies involved to submit the proposed policy and any draft Bills for review by Parliament.

“Submit the policy framework and any draft Bills thereon for consideration by Parliament,” the report reads.

All involved institutions have been given a deadline of six months to present their reports, which must include a draft policy and accompanying Bill. Whether or not the policy is finalised, the committee says legislation should be introduced in Parliament no later than February 26, 2026.

The proposed changes are in response to a petition submitted by activist Laban Omusundi, who called for the inclusion of nominated MCAs in the recall process.

Article 104 of the Constitution gives voters the power to recall their elected representatives under Articles 97 and 98. It also mandates Parliament to create laws that guide how this can be done.

Although recall provisions already exist in the Elections Act and the County Governments Act, critics argue the legal requirements are too rigid, making the process impractical for ordinary citizens.