As Kenyans continue protesting the passing of the controversial Finance Bill 2024, discussions have begun regarding the potential recall of Members of Parliament (MPs) who voted in favour of the bill.
On Thursday, 205 lawmakers voted Yes, defeating the 115 who opposed the bill.
In addition to the public outcry, political parties such as the Wiper Party and the Orange Democratic Movement (ODM) have also expressed intentions to initiate recalls for their members who supported the bill.
However, the recall process is fraught with challenges, including the constitution of the Independent Electoral and Boundaries Commission (IEBC) and the timeline MPs must meet for recall, among others.
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An MP can be recalled under the following circumstances:
The recall process can only commence following a High Court judgment confirming the grounds for recall.
Importantly, the process must be initiated by a registered voter from the respective constituency where the MP serves.
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This can only occur between 24 months after the MP’s election and 12 months before the next general election.
Despite the calls for recall, several challenges complicate the process:
Petition filing: A registered voter from the constituency must file a petition with the IEBC, accompanied by:
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Verification: The IEBC verifies the petition and signatures to determine if they meet the required thresholds.
Notification and response: If the petition is validated, the IEBC notifies the MP, who then has an opportunity to respond to the allegations within a specified period.
Recall election: Upon confirmation of the petition’s validity, the IEBC notifies the Speaker of Parliament and proceeds to organise a recall election within 90 days. The MP loses their seat if a simple majority votes in favour of the recall.
