Justina Wamae unpacks Kenya’s recall law as petitions surge
By Faith Lagat, July 19, 2025Political commentator and former Roots Party Deputy Presidential Candidate Justina Wamae has sparked national conversation on the right to recall elected leaders, following a spike in petitions targeting Members of Parliament.
Her detailed post on X on Saturday, July 19, 2025, comes as the Independent Electoral and Boundaries Commission (IEBC) confirmed receiving more than 60 recall petitions against MPs by Thursday, reflecting a rising level of political discontent across the country.
Wamae’s post breaks down the constitutional and legal framework that allows citizens to recall their MPs and Members of County Assembly (MCAs) before the end of their term.
“The electorate under Articles 97 and 98 has the RIGHT to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament,” read Wamae’s post.
Quoting Article 104 of the Constitution, she reminded Kenyans that the electorate has the right to recall their representative before the term ends. However, the Constitution directs Parliament to enact legislation specifying the grounds and procedures for such a process.
That legislation is the Elections Act No. 24 of 2011, revised in 2019. Under Section 45 of the Act, an MP can be recalled if they are found, after due process, to have violated Chapter Six of the Constitution, mismanaged public resources, or been convicted of an electoral offence. The process, however, is not automatic.
It requires a High Court judgement confirming the misconduct before a recall petition can be initiated. This condition makes the process legally rigorous and ensures fairness, but it has also made successful recalls rare.
Strict timelines and limits
Wamae explained that the law imposes strict timelines for initiating a recall. The process can only begin after the MP has served at least 24 months in office and must be done no later than 12 months before the next general election. Additionally, the law restricts the electorate to one recall petition per MP per term. Those who unsuccessfully contested against the MP in the previous election are barred from initiating or sponsoring a recall petition, a safeguard aimed at preventing political revenge.
Wamae ended her post by hinting at further legal details in Sections 46, 47, and 48 of the Elections Act, indicating that more civic education may follow.
Recall rights extended to counties
Wamae also noted that the right to recall extends to MCAs. Sections 27 to 29 of the County Governments Act No. 17 of 2012 provide similar provisions for voters to recall county representatives before their five-year term ends on comparable grounds.
“Sections 27 to 29 of the County Governments Act No. 17 of 2012 provide for the RIGHT to recall a Member of the County Assembly (MCA) before the end of the five-year term of the member on any of the grounds mentioned,” she posed.
Her post comes at a time when public frustration over governance is rising, fuelled by the recent Gen Z protests against the 2024 Finance Bill.