Recalling an Mp in Kenya: Members of Parliament are elected at the grass root levels to represent the people. However, many parliamentarians seek office on false promises and when they are elected; they end up representing no one but their own selfish interests. The Elections Act, section 45 through to 48, outlines the procedure used to remove parliamentarians. Here is a look at basic information on the grounds and procedure for recalling members of parliament.
What are the Grounds for Recalling Parliamentarians?
Parliamentarians can be recalled if:
- If they are found to have violated the stipulations of Chapter 6 of the constitution
- If they are found to have misused public resources
- If they are guilty of an offence as per the Elections Act
The Process of Recalling Parliamentarians
The process of recalling Mps can be initiated following a judgment by the High Court acknowledging the grounds stated above. The process of recalling parliamentarians can only be 24 months after the election of the Mp and no later than 12 months before the next general election. Furthermore, you cannot file a recall petition against an Mp more than once during their term. Additionally, someone who has lost or was a contender in the previous election cannot be part of the recall process.
The recall needs to be filed with IEBC (Independent Electoral and Boundaries Commission) in writing and signed by the one making the petition. The petitioner should:
- Be a voter in the constituency of the Mp in question
- Have voted in the election which brought the Mp into power
The petition needs to come with an order by the High Court issued after determining the grounds for the recall.
The petitioner should in writing specify the reasons for the recall and indicate the names of voters in the constituency in question which must be at least 30% of registered voters
The petitioner should also pay a standard fee for the election petition. Moreover, when presenting these petitions, you should deposit a security amount. This money is refundable when the case is finalized and is required to keep away jokers or people who have no genuine claims.
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