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IEBC awaits formal MP recall petitions as debate grows

IEBC awaits formal MP recall petitions as debate grows
IEBC Chaiperson Erastus Ethekon speaking during an event in Mombasa on July, 18, 2025. PHOTO/IEBC X
In Summary

The IEBC chair maintained that any recall must follow legal steps, including verification by IEBC before the Commission can issue any directives or organise a vote.

The electoral commission has said it is yet to receive any formal petitions seeking the recall of Members of Parliament, even as public interest in the issue continues to rise.

IEBC Chairperson Erastus Edung Ethekon acknowledged that the matter of recalling MPs is being widely discussed across the country but stressed that the Commission will only act when proper petitions are filed in line with the law.

“Going forward, of course, it’s the right of every Kenyan to exercise that right of recall under the Constitution. And as IEBC, we will be there to do that which the law allows us," he said on Saturday.

Ethekon said the Commission is aware of a few mentions about recall but no formal action has been initiated.

“We currently have roughly four — we will look at them, go back to the office,” he told journalists. “But for now, we cannot speak authoritatively on the issue of recall, because we are yet to see those petitions.”

The IEBC chair maintained that any recall must follow legal steps, including verification by IEBC before the Commission can issue any directives or organise a vote.

The right to recall is provided for under Article 104 of the Constitution.

It allows voters to remove an elected MP under specific circumstances. Section 45 of the Elections Act spells out the legal grounds, which include abuse of office, corruption, conviction for electoral offences, or violation of Chapter Six on leadership and integrity.

To start the process, a voter from the concerned constituency must submit a written application to IEBC clearly stating the reasons for seeking the recall. If the Commission is satisfied that the application meets legal standards, it will issue a recall petition form within 14 days.

The applicant must then gather signatures from at least 30 per cent of registered voters in that constituency within 30 days. Every entry must include the voter’s name, ID number, and registration details.

Once submitted, the Commission has 30 days to verify the signatures and confirm that the signatories are legitimate voters in the area. If the petition is valid, IEBC will notify the Speaker of the National Assembly within 15 days and prepare to conduct a recall election within 90 days.

During the recall vote, constituents are asked to either support or reject the removal of their MP through a simple “yes” or “no” vote.

A simple majority in favour of recall leads to the MP losing their seat, after which IEBC is required to hold a by-election within 90 days.

The law sets limits to prevent misuse of the recall process.

A recall can only happen once during an MP’s term, cannot be filed within the first two years after an election, and must not be initiated within the final 12 months before the next general election.

Individuals who ran and lost in the last election for the same seat are also barred from initiating a recall.

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