A formal petition seeking to recall Nairobi County Woman Representative Hon. Esther Muthoni Passaris has been drafted.
The petition, signed by a concerned voter named Abdi Yussuf, cites multiple grounds for the recall, including alleged failure to represent constituents effectively, breach of public trust, and misuse of office for partisan interests.
The petition outlines three primary grounds for recall and requests the IEBC to acknowledge receipt, facilitate due process, and act on what the petitioners describe as a growing public demand for leadership accountability.
Passaris is accused of disconnecting from grassroots concerns, showing limited engagement in parliamentary debates, and lacking impact on key issues such as women’s empowerment, youth development, and public health.
The petition alleges that the legislator sponsored legislation seen as restricting the constitutional right to protest under Article 37 and remained silent during episodes of police brutality and extrajudicial killings in Nairobi, particularly during the 2024 youth-led protests.
While the office of Woman Representative is meant to remain non-partisan, the petition claims that Passaris has prioritized political loyalties over her responsibilities to constituents, thereby undermining public trust.
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“This petition is made in good faith, grounded in law, and driven by the collective will to restore integrity, accountability, and servant leadership in Nairobi County,” the lead petitioner, Abdi Yussuf, stated.
The IEBC is yet to issue an official statement on the matter.
Constitutional and Legal Basis
The petition to recall Hon. Esther Muthoni Passaris is grounded in the following legal and constitutional provisions of the Republic of Kenya:
Article 104 of the Constitution of Kenya (2010)
This article grants the electorate the right to recall their Member of Parliament before the end of their term, on grounds of:
- Violation of provisions of Chapter Six (Leadership and Integrity),
- Gross misconduct,
- Physical or mental incapacity to perform the functions of office.
The Elections Act, 2011 (Sections 45–48)
These sections lay out the procedure for recall, including:
- Collection of signatures from at least 30% of registered voters in the affected constituency or county, with support from at least 15% of voters in each ward,
- Verification and approval by the IEBC,
- Conduct of a recall election, if applicable.
Leadership and Integrity Act, 2012
This act operationalizes Chapter Six of the Constitution. It demands that all public officers:
- Uphold honesty, accountability, and service to the public (Sections 8–12),
- Avoid conduct that demeans the office or undermines public confidence.
Article 73(1) of the Constitution
This article establishes the principles of leadership and integrity, emphasizing that authority assigned to a state officer:
- Is a public trust,
- Must be exercised in a manner that brings honor to the nation and promotes public confidence.
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Article 10 – National Values and Principles of Governance
These include participation of the people, integrity, transparency, accountability, and inclusiveness, principles the petition claims Hon. Passaris has failed to uphold through her actions and inactions.
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