Senate rejects bid to allow citizens to recall President

A Senate committee has rejected a proposal seeking to empower Kenyans to directly recall the President and county governors through a citizen-initiated process.

The lawmakers ruled that such a move would violate the Constitution and could only be introduced through a constitutional amendment approved by a referendum.

The Senate Justice, Legal Affairs and Human Rights Committee dismissed a petition by Nakuru-based activist Laban Omusundi seeking the recall.

Omusundi had urged Parliament to enact legislation creating a legal framework allowing citizens to remove a sitting President or governor through a recall vote.

The committee, chaired by Bomet Senator Wakili Sigei, concluded that Parliament lacks the legal authority to introduce such a law because the Constitution already provides an exhaustive framework for removing the holders of the two executive offices.

"The proposed legislation would contradict and undermine the constitutionally prescribed removal procedures for the two offices," the committee said in its report, recommending that the Senate reject the petition.

The activist had argued that while the Constitution allows voters to recall Members of Parliament and Members of County Assemblies, it does not provide ordinary citizens with a similar avenue to remove the President or governors.

He further claimed that the existing impeachment process has become susceptible to political influence, patronage and party interests, leaving citizens without an effective mechanism to hold the Executive directly accountable.

The petitioner proposed legislation establishing clear thresholds for collecting signatures, verification by the Independent Electoral and Boundaries Commission, safeguards against abuse and recognition of citizens' sovereign power to recall elected executives.

The committee received submissions from the Office of the Attorney General, the IEBC, the Kenya Law Reform Commission and the County Assemblies Forum.

Senators concluded that the Constitution deliberately assigns the responsibility of removing the President and governors to Parliament and county assemblies.

According to the committee, Articles 142 to 146 of the Constitution provide an exhaustive framework governing the tenure and removal of the President, while Article 181 and the County Governments Act prescribe the removal of governors through impeachment.

"The Constitution establishes an exhaustive and closed framework for the tenure and removal of the President," the committee observed.

It added that introducing a citizen-led recall process would fundamentally alter the country's constitutional architecture on executive accountability.

The Attorney General's office told the committee that any attempt to establish such a mechanism through ordinary legislation would be unconstitutional.

Instead, it argued that the proposal would require amendment of the Constitution under Articles 255 to 257, a process that includes approval by Kenyans through a referendum.

The committee agreed, noting that introducing a recall mechanism for the President would affect the constitutional structure of executive authority and therefore falls among matters that must be subjected to a referendum.

While supporting greater public accountability, the IEBC acknowledged that the Constitution does not currently provide for recall of executive office holders and observed that impeachment remains the only constitutionally recognised avenue for removing a President or governor before the end of their term.

The electoral commission nevertheless proposed that Parliament consider enacting a comprehensive law harmonising impeachment procedures and strengthening civic education to help citizens understand constitutional accountability mechanisms.

The Kenya Law Reform Commission similarly maintained that Parliament cannot create a recall law for the President through ordinary legislation but suggested that lawmakers could consider amending the County Governments Act to establish a citizen-initiated recall framework for governors, subject to constitutional safeguards and public policy considerations.

The County Assemblies Forum warned that allowing direct citizen recalls without adequate safeguards could expose the President and governors to endless political campaigns and destabilise government.

The forum argued that county assemblies and Parliament play a critical constitutional oversight role and should not be bypassed on the assumption that they are politically compromised.

While acknowledging that the petition raised important questions about democratic accountability and citizens' participation in governance, the Senate committee concluded that the Constitution already provides sufficient mechanisms for removing executive officeholders through impeachment.

It also noted that the Senate is currently considering the Referendum Bill, 2026, which seeks to establish the legal framework for conducting referendums in Kenya.

The committee has now recommended that the Senate formally reject the petition, maintaining that any proposal to introduce a citizen-initiated recall of the President or governors must first be pursued through constitutional amendment rather than ordinary legislation.