IEBC Chair Speaks On Petitions To Recall MPs

The Independent Electoral and Boundaries Commission (IEBC) has confirmed receiving four formal requests seeking the recall of certain Members of Parliament (MPs).

Speaking to the media in Mombasa County on Saturday, July 19, IEBC Chairperson Erastus Ethekon stated that the Commission would assess each request based on the seriousness of the issues raised.

He reiterated that Kenyans have the constitutional right to initiate the recall of an MP, provided the grounds presented meet the legal criteria.

Ethekon assured the public that the Commission would strictly adhere to the Constitution when handling such cases, making it clear that IEBC will operate strictly within its legal mandate.

"Kenyans are actively discussing this subject of recall. So, currently we have received roughly four applications, and we will look at them once we get back to the office," Ethekon said.

"It is the right of every Kenyan to exercise their right to recall an MP as per the Constitution, and as the electoral board, we will do what the law allows us to do."

Shortly after the newly reconstituted IEBC was sworn in earlier this month, online users renewed calls to recall MPs viewed as failing their constituents.

This push reignited conversations that first gained momentum during the June 2024 protests, when public attention turned to MPs accused of underperformance. Many Kenyans argued that the IEBC’s reconstitution offered a timely opportunity to initiate recall efforts against such lawmakers.

Beyond accusations of incompetence, the public also targeted MPs backing legislation considered harmful to ordinary citizens, suppressing civil liberties, or allegedly acting under instructions from high-ranking government officials.

Among those mentioned as possible recall candidates during the height of the debate were Kikuyu MP and National Assembly Majority Leader Kimani Ichung’wah, Nairobi Woman Representative Esther Passaris, South Mugirango MP Sylvanus Osoro, Molo MP Kuria Kimani, Belgut MP Nelson Koech, and Dagoretti North MP Beatrice Elachi.

The recall process is governed by Article 104 of the Constitution and the Elections Act of 2011. Citizens can initiate the recall of MPs, Senators, or MCAs only after two years have passed since their election and not within the final 12 months before the next polls.

Valid reasons for a recall include breaching leadership standards, misusing public funds, or being convicted of electoral offences.

Read more: How To Recall An MP In Kenya

Ethekon further revealed that the Commission is preparing to begin the long-awaited by-elections in various sub-counties across the country, with preparations underway to update the voter register ahead of 23 pending by-elections.

He stated that the IEBC will collaborate with Parliament and political parties to resolve the pending by-election matters in the coming days, stressing, “This is our priority", adding, "As you have noticed, two years plus have already passed. Constituencies like Banisa in North Eastern have gone almost three years without an MP."