Hussein Khalid faults IEBC over lack of law to recall non-performing MPs
By Ascah Mwango, July 30, 2025Human rights activist Hussein Khalid has lashed out at the Independent Electoral and Boundaries Commission (IEBC) and Parliament for failing to implement laws that would allow Kenyans to recall underperforming Members of Parliament (MPs).
In a statement shared via his X account on Wednesday, July 30, 2025, Khalid expressed his frustration, saying it is unacceptable that 15 years after the Constitution was passed with a clause allowing citizens to recall their elected leaders, there is still no way to hold MPs accountable.
According to the Vocal Africa CEO, this legal gap has effectively shielded underperforming MPs from public accountability and denied citizens a vital democratic tool to demand better leadership.
He pointed fingers at both Parliament and the IEBC, accusing them of deliberately dragging their feet and failing to prioritise laws that would operationalise the recall mechanism.
He warned that continued inaction on this issue could escalate public anger, potentially leading to protests if the IEBC does not move swiftly to ensure that mechanisms for recalling elected leaders are established.
“Absurd that we can’t recall non-performing MPs 15 years after we passed the constitution with a recall clause. We cannot accept this. Especially this particular parliament, which has gone rogue against the wishes of Kenyans. @IEBCKenya, you must ensure Kenyans can recall their MPs. Please don’t force us to the streets,” Khalid declared.
No recall laws
Khalid’s remarks come after IEBC issued a statement clarifying why citizens currently cannot recall MPs or Senators, despite Article 104 of the Constitution giving them that right.
In a statement released earlier today, the commission said that although it supports the constitutional right of voters to recall non-performing lawmakers, there is no active legal framework to enable the process.
“The Commission stands ready to facilitate the process without fear, favour, or hindrance,” IEBC said.
According to the commission, the current law only allows the recall of Members of County Assemblies (MCAs). IEBC added that it is already processing petitions to recall MCAs in cases where the requirements of the law have been met.
“The Commission is actively processing petitions for recall where validly submitted. But for MPs and Senators, the situation is different,” the statement read.
IEBC explained that the legal gap was created by a 2017 High Court ruling in a case filed by Katiba Institute and Transform Empowerment for Action Initiative (TEAM) against the Attorney General and another party. The court struck out key parts of the Elections Act 2011 that had outlined the process for recalling MPs, saying they were unconstitutional and discriminatory.
Although Parliament later amended the law to provide a process for recalling MCAs, it failed to pass new legislation for MPs and Senators. As a result, IEBC said it is unable to act on four recall petitions recently submitted against MPs and Senators.
Speaking to the media, IEBC Chairperson Erustus Ethekon confirmed that the commission had received the four petitions. However, he stressed that they could only be considered within the limits of existing law.