Senate pushes for law to recall underperforming MPs and MCAs, including nominated ones

Both elected and nominated Members of Parliament and County Assemblies (MCAs) could soon face the risk of being recalled by voters if Parliament approves proposed amendments allowing citizens to remove their representatives over misconduct or poor performance.

Senators are advocating for a legal framework that would give voters the power to remove legislators from office before the end of their terms.

The Constitution of Kenya, under Articles 97 and 98, guarantees the electorate the right to recall the Member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

However, parliament has to enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

In this regard, the Senate Standing Committee on Justice, Legal Affairs and Human Rights has now directed the Attorney General to prepare a policy framework outlining the grounds and procedures for recalling both elected and specially nominated legislators.

Reports indicate that the AG’s office has been given a six-month deadline to present a status report to the Senate, incorporating draft bills and outcomes of public participation.

The committee, chaired by Bomet Senator Hillary Sigei, stated that the framework will be developed in consultation with several state agencies and stakeholders, including the Independent Electoral and Boundaries Commission (IEBC), the Kenya Law Reform Commission, the National Gender and Equality Commission, the Registrar of Political Parties, the Political Parties Liaison Committee, and other relevant bodies.

To operationalise this framework, the Senate has begun the process of amending Cap 7 of the Elections Act and Cap 265 of the County Governments Act.

According to the report, “The said legislation to be introduced in Parliament not later than 26th February 2026, whether the policy framework will have been submitted to Parliament or not.”

The committee has also tasked the Attorney-General with leading the development of the framework and supporting legislative proposals for enactment in Parliament.

“If the said policy framework is not submitted to Parliament on time, the committee undertakes to draft and introduce before the Senate the requisite amendments to the Elections Act (Cap 7) and the County Governments Act (Cap 265) to enable the Kenyan people to exercise the right to recall their leaders in Parliament and the County Assemblies,” the report added.

“This will be done not later than February 2026, at the commencement of the Fifth Session, to ensure that the legislation navigates both Houses of Parliament and is in place ahead of the 2027 General Election.”

The Senate’s action follows a petition submitted to Speaker Amason Kingi on October 8, 2024, by one Mr Laban Omusundi, who called for the creation of a legal structure allowing for the recall of nominated MCAs.

In his petition, Omusundi noted that while existing laws provide for the recall, impeachment, or removal of elected leaders from office, nominated members, especially youth and persons with disabilities, are not covered under any specific recall provision.

“The petitioner, therefore, called on the Senate to initiate legal reforms that would ensure all legislators, regardless of how they assumed office, are subject to public accountability,” the committee report noted.

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• Senate pushes for law to recall underperforming MPs and MCAs
• including nominated ones

If implemented, the changes would create the first legal framework enabling the public to remove nominated legislators, ensuring broader accountability ahead of the 2027 polls.