NAIROBI, Kenya – The Independent Electoral and Boundaries Commission (IEBC) has rolled out a detailed framework outlining how voters can recall Members of County Assembly (MCAs) before the end of their term — a move expected to make the process more structured but considerably more demanding.
The new rules, which come after years of public debate on how to hold local leaders accountable, tighten the recall process to ensure only serious and well-supported petitions succeed.
The issue gained renewed attention during the 2023 Gen Z-led protests, when calls to remove underperforming or controversial ward representatives grew louder, exposing gaps in the existing accountability mechanisms.
Grounds for Recall
According to the framework, recalling an MCA will now be limited to grave offences. These include flagrant violations of the Constitution or any other law, gross misconduct, incompetence, or conviction for criminal offences leading to imprisonment of six months or more.
The IEBC emphasized that the recall process is not a casual political exercise and must be backed by credible evidence.
Petition Process
A recall begins when a registered voter in the affected ward files a formal petition with the IEBC.
The petition must clearly outline the reasons for seeking the recall and include a sworn affidavit before a Commissioner for Oaths, confirming that the allegations are truthful.
Petitioners are also required to pay a non-refundable fee of Sh15,000, the same amount charged when contesting an MCA election petition.
Within 30 days of submitting the petition, the initiator must gather signatures from at least 30 per cent of registered voters in the ward, demonstrating broad community support.
The list of supporters must include their names, national ID or passport numbers, addresses, contacts, and original signatures or thumbprints.
To prevent sectional influence, IEBC further requires that the petitioners represent the ward’s demographic diversity.
If the commission is satisfied that all procedural, legal, and financial requirements have been met, it may then authorize a recall referendum to determine whether the MCA should be removed from office.
A Higher Bar for Accountability
Analysts say the framework raises the threshold for recalling ward representatives, balancing the need for accountability with safeguards against politically motivated or frivolous petitions.
By requiring strong evidence and wide community backing, IEBC aims to ensure that only legitimate grievances against MCAs advance to the ballot.
The new framework is part of broader electoral reforms the commission has been rolling out ahead of the 2027 general elections, including updated nomination dispute guidelines and enhanced voter registration systems.
