NAIROBI, Kenya – Kenyans may soon find it easier to recall underperforming or controversial legislators if a new legislative effort in the Senate gains traction.
The Senate Standing Committee on Justice, Legal Affairs and Human Rights, chaired by Bomet Senator Hillary Sigei, has tabled a report calling for comprehensive amendments to the Elections Act and the County Governments Act to streamline and expand the legal process for recalling both elected and nominated Members of Parliament (MPs) and Members of County Assemblies (MCAs).
The committee noted that while Article 104 of the Constitution grants citizens the right to recall elected representatives, existing laws are “too restrictive” and have made it nearly impossible for the public to exercise that right.
“The current legal framework is too limiting and fails to fully reflect the constitutional right to recall representatives,” the committee’s report states.
To address this, the committee is urging the Office of the Attorney General to coordinate the drafting of a detailed recall policy in consultation with the IEBC, Kenya Law Reform Commission, National Gender and Equality Commission, Office of the Registrar of Political Parties, and the Political Parties Liaison Committee.
The proposed framework should include:
- Clear and fair grounds for recalling MPs and MCAs
- Procedural guidelines that ensure transparency
- Public participation in the law-making process
The Senate committee has given state agencies a six-month deadline to submit progress reports, including a draft policy and proposed legislation.
Even if the policy is not finalized, a Bill must be introduced in Parliament by February 26, 2026, the report says.
The renewed push follows a petition by Laban Omusundi, a Nairobi-based activist, who demanded a recall process that includes nominated MCAs, who are currently shielded by a legal gap.
Although recall mechanisms exist in the current Elections Act and County Governments Act, critics argue that the thresholds for initiating and validating a recall petition — including high signature requirements and procedural hurdles — make it nearly impossible for voters to remove their representatives from office.
This proposal could mark a significant shift in Kenya’s democratic landscape, giving citizens a more practical tool to hold their leaders accountable between elections.
