The Independent Electoral and Boundaries Commission (IEBC) has issued an update on the petition was filed to recall Nairobi Woman Representative, Esther Passaris.
In a statement on July 30, IEBC Chairperson Erastus Ethekon said the right of citizens to recall elected representatives is enshrined under Article 104 of the Constitution.
Ethekon said the Commission stands ready to facilitate this process without fear, favour or hindrance as required by the law.
However, he pointed out that there is currently no enabling legislation defining the grounds and procedures to recall Members of Parliament and Senators.
Ethekon said the legal gap arises from the High Court’s ruling in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another [2017] KEHC 4648 (KLR).
“In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” he said.
While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament.
He said the Commission has formally submitted recommendations to Parliament, urging the enactment of a clear legal framework to govern the recall process for Members of the National Assembly and Senate.
“We remain hopeful that this will be addressed to uphold the full spirit of Article 104,” he said.
However, Ethekon stated that a statutory framework is in place for Members of County Assemblies (MCAs) and the Commission is actively processing petitions for recall where validly submitted.
He stated that IEBC has noted and appreciates the recent public discourse and concerns touching on its constitutional mandate and operations.
Additionally, affirmed that the positions taken by the IEBC is in the spirit of transparency and accountability.
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Kenyans Asked to Support IEBC
Ethekon assured the public of the Commission’s unwavering commitment to fairness, the rule of law and principles enshrined in our Constitution.
He urged Kenyans to support IEBC, reiterating that their trust is the cornerstone of a thriving democracy.
He emphasized that IEBC remains steadfast in upholding the Constitution, serving with transparency, impartiality and integrity.
“We continue to welcome public participation and constructive engagements, and we call upon all Kenyans to support the Commission as we work together to strengthen our democratic institutions and build a more just and accountable future for all,” he said.
Also Read: Passaris Speaks After Petition to Recall Her Is Filed
Petition to Recall Passaris
A group of four young Kenyans formally filed a petition to recall Passaris, and IEBC confirmed receipt of the petition on July 28.
The petition, filed by Shakira Wafula, Mavin Mabonga, Dominic Omondi, and Sichei Soet.
They accuse Passaris of violating several constitutional provisions, including Articles 10, 35, 37, 73, 75, 95, and 232, as well as Chapter 6, which outlines leadership and integrity standards.
Among the eight detailed allegations, the petitioners claim she undermined peaceful protest and public participation, aligned herself with executive overreach, failed to advocate for Nairobi women during instances of police brutality, spread disinformation, and declined to account for public funds.
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