The Independent Electoral and Boundaries Commission (IEBC)
has formally established a clear administrative pathway for voters seeking to
recall their MCAs before the end of their term.
The detailed procedures, outlined in a comprehensive guide
seen by the Star, empower registered voters in a ward to initiate a recall
process, a matter that gained traction at the height of the 2023 Gen Z
uprising.
At that time, many lawmakers and political leaders were
touted as ripe for recall, but IEBC argued it had no substantive framework to
guide the process.
In what points to the uphill battle awaiting petitioners,
the chairperson Erastus Ethekon-led IEBC has set the bar high for a successful
recall.
The process requires significant grassroots support amid
strict legal and financial requirements.
According to the IEBC guide, a recall petition can only be
initiated on specific, serious grounds, including gross violation of the constitution
or any other law.
MCAs would also face ouster for incompetence, gross
misconduct, and upon conviction of an offence punishable by imprisonment for at
least six months.
As per the rules, the process begins with a written petition
submitted by a registered voter from the ward in question and could culminate
in a referendum if a petition is upheld by the IEBC.
The petitioner must not only list the grounds for recall but
also swear a detailed affidavit before a Commissioner for Oaths, attesting to
the truth of the allegations.
Petitioners would also be required to pay IEBC a
non-refundable fee of Sh15,000 to file a recall case, mirroring the cost of
filing an election petition for an MCA seat.
For a petition to be considered by IEBC, the mover would be
required to demonstrate substantial voter support.
As such, the petitioner would be under an obligation to
submit a list of supporters representing at least 30 per cent of the registered
voters in the ward.
This, as per the rules, would have to be executed within 30
days of the petition being received by the commission.
The list must contain the names, physical addresses, ID or
Passport numbers, contacts, and original signatures or thumbprints of all
supporting voters.
Besides the details, the IEBC rules say that the list of
supporters must "represent diversity of the people in the ward," a
provision likely intended to prevent a narrow sectional appeal from triggering
a recall.
“Within 30 days of receipt of the petition, the petitioner
shall provide the list of names of voters in the ward which shall represent at
least 30 per cent of the registered voters in that ward and shall depone by way
of an affidavit that the voters supporting the petition represent the diversity
of the people in the ward,” the rules read in part.
Upon receipt of the signatures, the IEBC would embark on a
rigorous verification to determine if a petition meets the set threshold.
The commission’s technical team will cross-check the submitted
details against the official voter register to confirm the validity and
sufficiency of the support.
The guide outlines two potential outcomes, being where the
petition fails or succeeds.
Should the petition lack the required 30 per cent support, contain
invalid signatures, or fail to meet other legal requirements, the IEBC will
formally inform the petitioner of the failure and the reasons.
If the petition succeeds, and the IEBC is satisfied that all
legal thresholds have been met, it will issue a notice of recall to the Speaker
of the County Assembly within 15 days.
The commission will then frame a simple "Yes" or
"No" question on whether the MCA should be recalled and publish it in
the Kenya Gazette.
“The commission shall assign a symbol to each recall
answer,” the guidelines read.
A recall election would, in that case, have to be conducted
in the ward within 90 days of this publication.
The fate of the MCA will be decided by a simple majority of
the voters who turn out for this special election.
If the "Yes" vote wins, the MCA is removed from
office. The County Assembly speaker would, in that case, be obligated to issue
a writ to the IEBC to conduct a by-election to fill the vacant seat.
The recall mechanism is anchored in Section 27 of the County
Governments Act, which grants the electorate the power to hold their ward
representatives accountable.
The IEBC, as the constitutionally mandated body, is tasked
with overseeing the process to ensure its integrity.
INSTANT ANALYSIS
The IEBC's procedural guide signals a move towards
standardising and demystifying the recall process. While it provides a clear
tool for civic engagement, the high signature threshold and associated costs
ensure only the most broadly supported and well-organised recall efforts will
succeed, protecting MCAs from being subjected to flimsy or narrowly motivated
removal attempts.
