IEBC chairman Erastus Ethekon.
By Peter Marango Mwibanda
NAIROBI
The Independent Electoral and Boundaries Commission (IEBC) is under renewed scrutiny after declaring there is no legal framework to recall Members of Parliament, dismissing petitions filed by voters seeking accountability.
The new IEBC leadership, sworn in only weeks ago, has triggered debate among legal experts, governance activists, and citizens.
Critics question whether the commission is faithfully interpreting the law or protecting political elites.
Legal Position
Kenya’s Constitution, under Article 104, grants voters the right to recall MPs before their term ends.
The Elections Act, 2011, outlines conditions — including proof of gross misconduct, constitutional violations, or conviction under the Act.
The IEBC cites a 2017 High Court ruling that struck down parts of the recall law for being unconstitutional, including vague grounds and unrealistic timelines.
Since Parliament has not amended the law to address those gaps, the commission says it cannot process recall petitions.
Mandate or Willpower?
Critics argue the court did not remove the right to recall, only the flawed procedures.
They say Parliament was directed to pass clear rules, but failed. Some contend the IEBC should still seek constitutional guidance from the courts.
“It is a constitutional right that cannot be suspended simply because MPs have refused to create a friendlier framework for citizens,” constitutional lawyer Kethi Kilonzo said. “The IEBC has the mandate to facilitate that right.”
Timing and Trust
The dispute comes amid growing public anger over the economy, taxes, and MPs’ alleged detachment from voters.
Activist Boniface Mwangi accused the IEBC of political convenience: “The Constitution is clear. The IEBC’s duty is to protect citizens’ rights, not hide behind Parliament’s inaction.”
Bigger Picture
The standoff highlights Parliament’s interest in avoiding reforms that could allow mid-term removals and an electoral body seen as unwilling to challenge them.
Until the law is amended or courts step in Kenyans remain constitutionally empowered but practically unable to recall MPs a gap that benefits politicians alone.
Ends.
