Court rules on case giving Kenyans power to recall MPs

Court rules on case giving Kenyans power to recall MPs

The High Court has directed that a case challenging the Elections Act on recalling MPs and Senators be heard by a three-judge bench.

The petition, filed by Katiba Institute and Transform Empowerment for Action Initiative, challenges the constitutionality of various provisions of the Elections Act 2011 and the County Government Act as pertaining to recalling members of National Assembly.

In his ruling, Justice Joseph Onguto acknowledged the gravity of the matter saying the case touched on the life of every Kenyan represented by the Members of Parliament.

The two petitioners argued that the recall provisions in the Elections Act and the County Government Act did not provide a scope for the electorate to recall their legislators over poor performance at the Constituencies or Wards, or not turning up for legislative business or even playing a role in parliamentary proceedings.

According to Part IV of the Elections Act 2011,the electorate in a county or constituency have a right to recall their representatives on grounds of violation of Chapter Six of the Constitution, mismanagement of public resources and if convicted under the Election Act.

By Dzuya Walter

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