Window for Recalling MPs Opens – Citizens Can Petition for Removal

As of this week, the window to recall Members of Parliament (MPs) has officially opened, following the completion of the required two-year period in office. Under Sections 45 and 46 of the Elections Act, constituents now have the legal pathway to initiate the process of recalling an MP if they believe the representative has failed in their duties.

The Process

To start the recall process, a petitioner must gather signatures from at least 30 per cent of registered voters in the constituency. Crucially, these signatures must include at least 15 per cent of voters from each of at least half of the wards within the constituency.

Once the signatures are collected, they must be submitted to the Independent Electoral and Boundaries Commission (IEBC), accompanied by a detailed list outlining the grounds for the recall, evidence supporting these claims, and a statutory declaration confirming the validity of the signatures.

The IEBC is responsible for verifying the signatures and the validity of the petition. Should the petition meet the required threshold, the MP in question will be notified and given an opportunity to respond to the allegations.

Recall Election

Following the verification process, the IEBC will notify the Speaker of Parliament within 15 days and proceed to hold a recall election within 90 days. For the MP to be removed from office, a simple majority of the electorate must vote in favor of the recall. However, this decision is only valid if at least 50 per cent of the registered voters in the constituency participate in the recall election.

If the recall is successful, the IEBC will then organize a by-election to replace the MP. Interestingly, the recalled MP is permitted to participate in this by-election, potentially reclaiming their seat if the voters decide to re-elect them.

This process underscores the democratic mechanisms in place to ensure that elected representatives remain accountable to the people they serve.

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