- The National Assembly has approved a proposal requiring support from at least one-third of registered voters in each affected ward or constituency to initiate a recall.
- MPs rejected a proposed 50 per cent threshold, which critics said could make the process too difficult.
- The provision applies to National Assembly members and senators, with different geographical units used to calculate support.
- A simple majority in the subsequent recall by-election would determine the winner.
- The amendments return to the Senate for consideration, meaning the proposal is not yet law.
- Article 104 of the Constitution recognises voters’ right to recall their elected representatives and requires Parliament to establish the legal procedure.
Kenya’s proposed law on removing elected legislators before the end of their terms has moved a step forward after the National Assembly backed a one-third voter support requirement. The decision followed debate over how difficult it should be for constituents to trigger a recall against an MP or senator. Lawmakers rejected a proposal to raise the requirement to half of registered voters in every affected electoral area. The revised clause now returns to the Senate for consideration.
The amendments form part of the Elections (Amendment) (No. 2) Bill, Senate Bill No. 29 of 2024. Under the proposal, a recall petition against a member of the National Assembly would require support from at least one-third of registered voters in every ward within the constituency. For a senator, the threshold would apply to every constituency within the affected county. These provisions would establish the level of voter backing needed to initiate the recall process.
The debate sharpened after Kimani Kuria proposed raising the requirement to 50 per cent of registered voters in each affected ward or constituency. Supporters of a lower threshold argued that such a high bar could make it difficult for citizens to hold elected leaders accountable. They also raised concerns about creating a system that voters would struggle to use in practice. The House eventually adopted an amendment restoring the one-third requirement.
Minority Leader Junet Mohamed backed the recommendation of the Justice and Legal Affairs Committee. He warned that Parliament risked exposing the law to further court challenges if it repeated provisions that had previously faced constitutional objections. Majority Leader Kimani Ichung’wah also opposed the higher threshold, arguing that many legislators were elected without securing the support of half of all registered voters in every ward. Their position centred on keeping the recall process accessible without removing the need for meaningful public support.
West Mugirango MP Stephen Mogaka moved the amendment to restore the one-third threshold, which the House adopted. Kuria subsequently supported the revised wording, distinguishing between the number of voters required to initiate a recall and the vote needed to decide the resulting by-election. The two stages serve different purposes. One establishes whether a recall can proceed, while the other determines the outcome of the election.
The debate also focused on preventing recall petitions from becoming tools for routine political battles. Homa Bay Town MP Peter Kaluma called for the clause to be reconsidered, saying the legislation needed to clearly establish the support required to begin the process. Without a defined threshold, he warned, petitions backed by very few voters could create uncertainty and trigger unnecessary disputes. Clear rules would help distinguish a serious recall effort from a politically motivated challenge.
Millie Odhiambo supported reconsidering the provision while urging lawmakers to approach the matter through sound legislative judgment. Farah Maalim also raised concerns about recalls being initiated soon after an elected representative takes office. His remarks highlighted the possibility of repeated political disputes and litigation if the law lacks adequate safeguards. The debate reflected the challenge of balancing voters’ rights with protections against frivolous or disruptive petitions.
What Article 104 of the Constitution provides
Article 104 of Kenya’s Constitution recognises the electorate’s right to recall members of the National Assembly and Senate before their terms end. It also directs Parliament to enact legislation setting out the grounds for a recall and the procedure to be followed. https://www.mod.go.ke/the-constitution-of-kenya-2010-online/ The proposed amendments seek to address part of that legislative framework, including the support needed to initiate the process.
Previous attempts to establish the rules have encountered legal challenges. In July 2017, the High Court ruled on provisions governing the recall of MPs under the Elections Act and members of county assemblies under the County Governments Act. The judgment found aspects of the existing framework unconstitutional, including provisions that restricted political rights. https://new.kenyalaw.org/akn/ke/judgment/kehc/2017/4648/eng%402017-07-14/source The latest proposal is therefore part of a longer effort to establish a legally workable process for recalling elected representatives.
Bill returns to the Senate before becoming law
Approval by the National Assembly does not bring the proposed threshold into force. The Senate must consider the changes made by the lower House, and any disagreement over the Bill’s wording will need to be resolved through the constitutional legislative process. Depending on the outcome, the two Houses may need to use a mediation committee to reach an agreed version. The Bill must complete the required parliamentary stages before it can proceed to presidential assent.
The final wording will determine how the proposed recall process operates and what safeguards apply to petitions against MPs and senators. For now, the National Assembly has backed the one-third requirement instead of the proposed 50 per cent rule. The measure remains subject to further consideration, so the approved amendment should not be treated as an enacted law.
