- Protesters have taken their anger back on social media where the revolt started and are now mulling over recalling the 204 MPs who voted Yes on Finance Bill.
- The process of recalling an MP is governed by the Constitution and the Elections Act.
Image: SCREENGRAB
Anger and annoyance greeted passage of the Finance Bill, 2024 at the Second Reading phase with youthful protesters who were still roaming the streets of Nairobi late Thursday resorting to pelting MPs’ vehicles with stones.
Dubbed Gen Z, the protesters have taken their anger back on social media where the revolt started and are now mulling over recalling all the 204 MPs who gave the Bill a nod of approval despite widespread uproar.
“Kenya, can we please just recall one MP because of this issue. Just one MP, to serve as an example please. Let’s show these leaders that enough is enough,” a disgruntled Kenyan said on X.
The process of recalling an MP is governed by the Constitution and the Elections Act.
It states that an MP can be recalled on four grounds: Gross violation of the Constitution or any other law, committing an offence under the Elections Act, misconduct likely to bring disrepute to the office and if the MP is found to have mismanaged public funds.
“A recall of a member of Parliament shall only be initiated upon a judgment or finding by the High Court confirming the grounds of violation of provisions of Chapter Six of the Constitution, mismanagement of public resources and or conviction for an offence under the Elections Act,” the law states.
The recall process has five stages.
The process can be initiated by a registered voter in the respective constituency.
The petitioner must collect signatures from at least 30 per cent of registered voters in the constituency.
The signatures must include at least 15 per cent of the voters in each of at least half of the wards in the constituency.
The second stage is submission of the collected signatures to the Independent Electoral and Boundaries Commission (IEBC)
The signatures must be accompanied by a list specifying the grounds upon which the petitioner wants the MP sent home, evidence supporting the claims and a statutory declaration satisfying the signatures.
Next, IEBC will verify the signatures and the validity of the petition.
If the Commission finds that the petition meets the threshold, it will notify the MP who will then have an opportunity to respond to the allegations.
IEBC will then notify the Speaker of Parliament within 15 days of the verification of the petition and proceed to initiate the recall.
The Commission will then hold fresh elections within 90 days of the verification of the petition.
The MP will lose their seat if a simple majority of the electorate votes in the recall election to remove them from office.
IEBC will then organise a by-election to replace the MP.
It should be noted that an MP can only be recalled two years after elections and 12 months before the next election.