IEBC Suspends MP Recall Process, Cites Legal Gaps After Court Ruling

Wednesday — The Independent Electoral and Boundaries Commission (IEBC) has announced an indefinite suspension of the recall process for Members of Parliament, following a legal setback stemming from a 2017 High Court ruling.

IEBC Chairperson Erastus Ethekon revealed that the court had nullified key provisions in the Elections Act 2011 that outlined the grounds and procedures for recalling MPs, citing them as discriminatory. The ruling, made in Katiba Institute & Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another (2017) KEHC 4648 (KLR), has left a significant legal void.

“There is currently no enabling legislation defining the grounds and procedures for recall,” said Ethekon in a statement. He confirmed that four petitions had already been submitted, but the Commission is unable to process them due to the absence of a legal framework.

This development delivers a blow to citizens seeking to remove underperforming legislators ahead of the 2027 General Election. Notably, activist Shakira Wafula filed a petition on July 28 to recall Nairobi Woman Representative Esther Passaris, citing abuse of office and neglect of duty. Passaris, in response, challenged critics to focus on building rather than tearing down her work.

North Imenti MP Rahim Dawood also faces a recall bid, with constituents citing his support for the 2024 Finance Bill, silence on local security issues, and failure to complete projects.

Although the recall process for MPs is on hold, IEBC affirmed that Kenyans can still file petitions to recall Members of County Assemblies (MCAs), thanks to updated legislation. The Commission has submitted formal recommendations to Parliament, urging lawmakers to establish a new legal framework for recalling MPs.