The Independent Electoral and Boundaries Commission (IEBC) has released a comprehensive set of regulations guiding the recall of Members of County Assembly (MCAs), setting out a clearer but more demanding process for dissatisfied voters to remove their representatives from office.
The new framework is designed to strengthen accountability in county assemblies while preventing abuse of the recall mechanism.
It follows growing public interest in the process, particularly during the 2023 Gen Z-led demonstrations when some citizens demanded the removal of certain leaders accused of neglecting their duties.
According to the Commission, a recall can only take place on weighty grounds such as gross misconduct, violation of the Constitution or other laws, incompetence, or conviction for a criminal offence punishable by a prison term of six months or longer.
The IEBC emphasised that the recall process must be supported by credible evidence and is not meant for political grudges or personal disagreements.
The procedure begins with a registered voter from the affected ward submitting a formal petition to the IEBC. The petition must outline the specific reasons for seeking the recall and include a sworn affidavit made before a Commissioner for Oaths confirming the truthfulness of the allegations.
In addition, the petitioner is required to pay a non-refundable fee of Sh15,000, equivalent to the amount charged in election petitions for MCA seats. The IEBC said this fee acts as a commitment measure to discourage baseless applications.
Once the petition is filed, the voter must gather signatures from at least 30 per cent of registered voters in the ward within 30 days. The list must contain each supporter’s name, identification details, contact information, and original signature or thumbprint.
To ensure fairness, the IEBC requires that the supporters reflect the ward’s social and demographic diversity.
If the petition meets all the outlined requirements—including legal, procedural, and financial conditions—the Commission will authorise a recall referendum in the affected ward. This will give voters the final say on whether the MCA should remain in office.
Through the new guidelines, the IEBC has made it clear that only recall petitions supported by substantial evidence and wide community backing will be successful. The Commission’s firm approach is seen as an effort to balance accountability with stability in county leadership.
