Sign IEBC Bill to enable recall of MPs, opposition tells Ruto

Opposition leaders have continued to pressure President William Ruto to restore order in the country, in the thick of protests against his administration, this time asking him to assent to the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024.

Wiper Democratic Movement leader Kalonzo Musyoka, one of the principals in the opposition's Azimio la Umoja One Kenya Coalition, addressed a press conference on Wednesday, noting the public needs the bill to recall parliamentarians whose services they are dissatisfied with.

"We are aware that this bill has been sitting on Ruto's desk for days now and that he is reluctant to sign it into law. As a coalition, we call out Ruto and demand that you assent to this essential bill that allows citizens to hold their representatives in the legislature accountable," he said.

As Azimio La Umoja One Kenya Coalition Party, we strongly condemn the Sponsored Violent Protests and Support the Public demands for the resignation of the Ruto regime.#RutoMustGo pic.twitter.com/oGhZlcxjFr

— Kalonzo Musyoka (@skmusyoka) July 3, 2024

Last week, the National Assembly and Senate concurred on the proposed changes to the proposed IEBC (Amendment) Bill, 2024, which are aimed at ending the crisis there.

One of the major issues at the IEBC is that it was not properly constituted following the exit in January 2023 of Chairperson Wafula Chebukati and commissioners Molu Boya and Abdi Guliye. Commissioners Francis Wanderi and Justus Nyang'aya, and Vice Chairperson Juliana Cherera resigned in December 2022.

The National Assembly accepted the amendments, cutting short the lengthy mediation. The bill was approved on Thursday, paving the way for presidential assent.

Kalonzo further pointed out that the recall process is anchored by law and that Kenyans have to wait two years to initiate it, a period that will end on August 9, 2024.

He noted that the signing of the bill would be timely and that Azimio had announced plans to recall six MPs for reasons including backing the Finance Bill of 2024, which Ruto withdrew following sustained demonstrations against it.

The six represent Gem (Elisha Odhiambo), Bondo (Gideon Ochanda), Kajiado Central (John Memusi), Suba South (Caroli Omondi), and Navakholo (Emmanuel Wangwe).

Orange Democratic Movement Party Secretary General Edwin Sifuna, who made the announcement on Tuesday, said the decision followed an ODM Central Management Committee meeting chaired by opposition leader Raila Odinga.

"The ODM Party shall initiate and lead recall processes in the following constituencies in light of the current office holders' repeated violation of their sacred oath and the wishes of the electorate," he said. '"These are repeat offenders who voted against the wishes of the people in 2023 and 2024. There are a few who met their Damascus moment."

How to recall your MP

The Elections Act states that an MP can only be recalled at least two years after being elected and not less than one year (12 months) before the next vote.

The first step involves a voter(s) who must prepare and file a petition for recall with the Independent Electoral and Boundaries Commission (IEBC).

The petition must be signed by the voters, should indicate the grounds for recall, and must be accompanied by the fee prescribed for an election petition.

Currently, the fee is Sh30,000, equal to the court fees paid by a person who challenges the election of an MP.

What follows is the collection of names and signatures of at least a third of the registered voters in the sub-county, to demonstrate support for the recall petition.

As guided by law, those who sign the petition must be registered in different parts of the subcounty.

Within 30 days of filing the petition, the names of the voters who signed it must be supplied to the IEBC for verification. Fifteen days after the verification, the commission must issue a notice of recall to the speaker of the National Assembly.

The third and final step sees the commission prepare for and conduct a recall vote. This must happen within 90 days from the issuing of the notice to recall the speaker.

The election involves simple yes-no questions with appropriate symbols on the ballot paper.

If the recall process is successful, a by-election must be held for the selection of a new legislator.