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Kenyans seeking a legal framework to recall Members of Parliament have suffered a setback after the High Court declined to compel Parliament to enact the required legislation.
In a ruling delivered on Tuesday, July 7, Justice Roselyne Aburili said lawmakers should first conclude debate on the Elections Amendment Bill, 2024, before the courts intervene.
The court found that the petition had been filed before Parliament completed the legislative process.
Justice Aburili ruled that the Constitution provides for the recall of elected leaders. However, she said the right cannot take effect until Parliament enacts the necessary law.
IEBC Must Wait for Parliament
The judge also ruled that the Independent Electoral and Boundaries Commission cannot create recall procedures on its own.
She said only Parliament has the authority to establish the legal framework governing the recall process.
The case arose after seven citizens sought to recall Mwenda Gataya Mo Fire over claims of abuse of office.
They asked IEBC to explain the recall process, but the commission said no law currently allows it to conduct such an exercise.
The group later moved to court after receiving the same response from the electoral agency.
Voters Must Wait Longer
The ruling leaves the proposed Elections Amendment Bill, 2024, as the only path toward operationalising the constitutional right to recall MPs.
Until Parliament passes the legislation, voters cannot begin the legal process of removing elected lawmakers before the end of their terms.
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