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IEBC says no law backing recall of MPs as Nairobi youth demand to oust Passaris
Human Rights activist Shakira Wafula (2nd right) speaks during a press briefing joined by youths at Uhuru Park, Nairobi, on July 30, 2025.
A coalition of concerned citizens from Nairobi County has criticised the Independent Electoral and Boundaries Commission (IEBC) and Parliament for what they term as a failure to uphold the constitutional right to recall elected leaders.
This follows what they term as delays in acting on a petition to recall Nairobi Woman Representative Esther Muthoni Passaris.
Speaking during a press conference held at Uhuru Park on Wednesday afternoon, the youth activists accused the IEBC of “unconstitutional delay” in operationalising Article 104 of the Constitution, which grants citizens the right to recall Members of Parliament and County Assemblies.
“We are here to express our deep concern and disappointment with the response received from the IEBC regarding our petition to recall the Women Representative of Nairobi County, Esther Muthoni Passaris,” said Valdano Kemoli.
According to the IEBC, while there is a statutory framework to process the recall of Members of County Assemblies (MCAs), no enabling legislation exists for recalling Members of the National Assembly and Senate. This gap follows a 2017 High Court ruling that declared sections of the Elections Act 2011 governing recall unconstitutional for being discriminatory.
“While parliament subsequently amended the law to address the recall of MCA’s no such amendments have been made regarding Members of Parliament,’’ IEBC chairman Erastus Edung Ethekon.
The commission reaffirmed its commitment to upholding the Constitution but noted that the lack of clear legislation prevents the Commission from acting on recall petitions against Members of Parliament.
‘’There is currently no enabling legislation defining the grounds and procedures for recall,’’ Mr Ethekon said.
In addition, IEBC called for the enactment of the necessary legal framework to ensure compliance with Article 104.
“The commission has formally submitted recommendations to Parliament, urging the enactment of a clear framework to govern the recall process for Members of the National Assembly and Senate.’’
However, the youth activists from Nairobi insisted that both IEBC and Parliament are failing in their duty to ensure democratic accountability.
“We cannot allow our constitutional rights to be rendered meaningless by legal loopholes and political inaction,” said Marvin Mabonga, youth activist.
They vowed to continue pressuring the authorities to close the legislative gap and uphold citizens’ right to hold elected leaders accountable.
“Our next steps will involve mobilising more Kenyans to demand that Parliament passes the necessary laws and that IEBC acts swiftly where the law already permits,” Shakira Wafula, youth activist said.
They activists had initially accused her of abandoning constitutional duties, failing to represent the interests of Nairobi residents (especially women), and breaching public trust by misusing office for partisan purposes. Moreover, she was criticized for supporting controversial legislation perceived to restrict the right to peaceful protest, remaining silent during incidents of police brutality, and undermining public participation.
The petition further cited breaches of national values and Chapter Six standards by alleging disinformation, lack of financial accountability, executive overreach alignment, and infringement of citizens’ rights as per the constitution.
