Senate pushes for easier recall of MPs, MCAs in major accountability drive

Kenyans may soon find it easier to remove underperforming or controversial legislators from office if a fresh legislative push in the Senate succeeds in creating a clearer, more accessible recall process for MPs and MCAs.

The Senate Justice, Legal Affairs and Human Rights Committee has proposed changes to the Elections Act and the County Governments Act to provide a structured legal path for recalling both elected and nominated legislators.

In a report tabled before the Senate, the committee, chaired by Bomet Senator Hillary Sigei, said the current legal framework is too limiting and fails to fully reflect the constitutional right to recall representatives.

“The Standing Committee on Justice, Legal Affairs and Human Rights should initiate amendments to the Elections Act (Cap 7) and the County Governments Act (Cap 256) to give effect to the right of recall for both directly elected and specially elected MPs and MCAs,” the report reads.

The committee urged the Office of the Attorney General to lead the drafting of a comprehensive recall policy in partnership with key institutions.

These include the Independent Electoral and Boundaries Commission (IEBC), Kenya Law Reform Commission, National Gender and Equality Commission, Office of the Registrar of Political Parties, and the Political Parties Liaison Committee.

According to the report, the new policy should clearly define the reasons and procedures for recalling MPs and include public participation in its creation.

“Submit the policy framework and any draft Bills thereon for consideration by Parliament,” the document reads further.

The Senate committee has given all relevant state agencies a six-month window to provide progress reports, including a draft policy and proposed Bill.

Even if the policy is not completed, the law should be introduced in Parliament by February 26, 2026.

This renewed effort is partly driven by a petition from Nairobi-based activist Laban Omusundi, who asked Parliament to put in place a recall process that covers nominated MCAs.

The move is anchored in Article 104 of the Constitution, which allows voters to recall their representatives before the end of their term.

The law requires Parliament to enact supportive legislation to make this possible.

Though recall provisions exist in the current Elections Act and the County Governments Act, many observers say the rules are too strict and make it almost impossible for citizens to exercise their constitutional right.

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