Katiba Institute Litigation Counsel Sumayyah Mokku says Kenya’s constitutional right to recall Members of Parliament remained difficult for voters to exercise because Parliament had yet to fully operationalise the process through legislation.
Speaking on Radio Generation on Monday, Mokku said the recall mechanism had become an “uphill battle” because lawmakers were responsible for passing the legislation required to give effect to the constitutional provision.
“Somehow we are relying on the same MPs to be able to pass legislation on the issue of recall,” she said.
She argued that MPs had used powers entrusted to them by Kenyans to protect themselves, describing Parliament as “the weakest link” in enforcing constitutional accountability.
Mokku said Article 104 of the Constitution gave voters the right to recall their MP before the end of the member’s term.
The provision stated that voters had the right to recall their Member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.
However, Article 104(2) required Parliament to enact legislation setting out the grounds on which an MP could be recalled and the procedure to be followed.
“That falls on Parliament to pass the legislation,” Mokku said.
The legal framework surrounding the recall of MPs had remained contested since the High Court in 2017 declared several provisions of the Elections Act relating to the recall process unconstitutional.
The court found that the legislation did not adequately give effect to Article 104.
Her comments come as the legal framework on the recall of MPs continued to be debated, with Parliament pursuing legislation intended to operationalise the constitutional right.
In July 2026, the High Court declined to compel Parliament to enact legislation on the recall of MPs, saying the National Assembly was already considering the Elections (Amendment) (No.2) Bill, 2024. The court held that Parliament should be allowed to complete the legislative process before further judicial intervention.
The question of accountability had also emerged amid cases of MPs shifting political allegiance after elections.
Following the 2022 General Election, several MPs elected on parties affiliated with the Azimio coalition moved to support the Kenya Kwanza administration, contributing to a dispute over the composition of the National Assembly majority.
In February 2025, the High Court ruled that the Speaker had no legal basis to recognise an alleged post-election migration of MPs because no post-election coalition agreements had been produced as evidence.
A separate political realignment involved about 30 Jubilee MPs elected on the party’s ticket who moved to support President William Ruto’s Kenya Kwanza administration in 2023.
Azimio leaders subsequently called on some of the lawmakers to resign and seek fresh mandates.
Mokku said such developments highlighted the broader challenge of ensuring elected leaders remained accountable to voters throughout their terms.
“The powers given to them and the enormous powers given to them by the people of Kenya, they've used it to protect themselves,” she said.