IEBC Sued Over Failure to Process Recall Petitions for Underperforming MPs

Six concerned citizens have filed a petition in the High Court accusing the Independent Electoral and Boundaries Commission (IEBC) of failing to process recall petitions lodged against Members of Parliament accused of underperformance.

The petitioners argue that the Commission’s inaction is a violation of their constitutional right to hold elected leaders accountable and undermines the democratic principles enshrined in Kenya’s 2010 Constitution. According to them, the right to recall is a critical instrument of accountability, and the IEBC’s refusal or delay in processing recall petitions renders this provision meaningless.

They are now asking the court to compel the electoral body to accept, consider, and process such petitions based on the existing legal frameworks, including the Elections Act and the Constitution. The petitioners contend that there is no legal vacuum preventing the IEBC from acting, and that its failure to do so reflects an abdication of its constitutional duty.

Further, they claim that the Commission’s inaction is not just a legal oversight but a deliberate weakening of public oversight over elected officials, allowing impunity and non-performance to thrive. The case adds to growing pressure on public institutions to be more responsive to citizens’ demands, especially in a political climate where performance and transparency are increasingly demanded by the electorate.

The court is expected to set a hearing date in the coming days.