Court Rejects Bid to Force Parliament to Allow MP Recalls

Memebers of The National Assembly Seated in Parliament

The High Court has dismissed a petition seeking to compel Parliament to create a law allowing voters to recall Members of Parliament.

Justice Roselyne Aburili ruled on Tuesday, July 7, that the case was premature because Parliament is already considering the Elections Amendment Bill, 2024.

Parliament Given Time to Act

The judge said Parliament should be allowed to complete debate on the proposed law without court interference.

She ruled that the constitutional right to recall elected leaders cannot operate without legislation passed by Parliament.

“The constitutional right to recall is not self-executing and can only be operationalised through legislation enacted by Parliament,” the judge held.

IEBC Cannot Create Recall Rules

The court also found that the Independent Electoral and Boundaries Commission cannot develop recall procedures without a law.

Justice Aburili said allowing IEBC to create the process would amount to taking over Parliament’s legislative role.

Petition Linked to Tharaka Nithi Senator

The case was filed after seven Kenyans sought guidance on recalling Mwenda Gataya Mo Fire over alleged abuse of office.

The group first approached IEBC in August 2024 but the commission said it lacked the legal framework to facilitate the process.

They returned to court after IEBC maintained its position even after new commissioners joined the electoral body.

Recall Law Still Pending

The ruling means voters seeking to remove MPs before their term ends must wait for Parliament to pass the required law.

The pending Elections Amendment Bill, 2024, is expected to define the grounds, procedures and requirements for recalling elected representatives.