Kaluma urges caution in electing leaders as IEBC clarifies recall law
Homa Bay Town Member of Parliament (MP) Peter Kaluma has urged Kenyans to exercise caution and responsibility when electing leaders, warning against making decisions driven by emotion or irrelevant factors.
This is after the Independent Electoral and Boundaries Commission (IEBC) clarified why Kenyans are currently unable to recall Members of Parliament (MPs) or Senators, despite Article 104 of the Constitution granting citizens that right.
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In a detailed statement released on Wednesday, July 30, 2025, the Commission emphasised that while it supports voters’ constitutional right to recall underperforming leaders, there is no active legal framework enabling such action against MPs and Senators at this time.
“The Commission stands ready to facilitate the process without fear, favour, or hindrance,” the statement read.
IEBC noted that the existing legal provisions for recall only apply to Members of County Assemblies (MCAs). The Polls Commission is currently processing petitions for MCA recalls where statutory requirements have been satisfied.
“The Commission is actively processing petitions for recall where validly submitted. But for MPs and senators, the situation is different,” IEBC said.
It said the legal deadlock stems from a 2017 High Court ruling in the case of Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another. The court invalidated key sections of the Elections Act 2011 that had outlined grounds and procedures for recalling MPs, deeming them unconstitutional and discriminatory.
Kaluma
In a statement on July 30, 2025, Kaluma emphasised that the right of recall, as currently enshrined in the Constitution, is a “black letter law,” a provision that exists on paper but lacks practical application due to legislative and procedural gaps.
“Voters should make conscious decisions in electing leaders and not elect individuals on emotions and irrelevant considerations, and then seek to recall them. Let those seeking recall now petition Parliament to enact the needed law. This, in my view, will remain a black letter law,” he stated.
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This comes even as the attention now shifts to the Elections (Amendment) Bill, Senate Bill No. 29 of 2024, currently awaiting its second reading in the National Assembly.
The bill seeks to address the legal vacuum by deleting the invalidated sections of the Elections Act, such as the requirement to file recall petitions in the High Court and the limitations on who can initiate such actions.
