Kenyan electorates have recently initiated recall procedures targeting Members of Parliament perceived as unfit to serve until the 2027 General Elections. On July 28, citizens Shakira Wafula, Mavin Mabonga, Dominic Omondi, and Sichei Soet submitted a petition to the Independent Electoral and Boundaries Commission (IEBC) seeking the removal of Nairobi Woman Representative Esther Passaris.

Citing Article 104 of the Constitution, the petitioners accused Passaris of constitutional violations and neglecting her representative duties. However, the IEBC clarified that Kenya lacks enabling legislation outlining the grounds and procedures for recalling MPs and Senators.

The legal vacuum stems from a High Court ruling in Katiba Institute and TEAM v Attorney General & Another (2017), which declared recall provisions in the Elections Act discriminatory and unconstitutional. While Parliament later amended the law to provide for the recall of Members of County Assemblies (MCAs), no such changes were made for MPs and Senators.

The IEBC reaffirmed its support for the Right to Recall and confirmed that it has formally written to Parliament seeking legislative reforms to address this gap.