Kanchory slams parliament after IEBC cites legal gaps blocking MP recall
By Mustafa Juma, July 31, 2025Prominent lawyer and political strategist Saitabao Ole Kanchory has strongly criticised Parliament following revelations by the Independent Electoral and Boundaries Commission (IEBC) that Kenyans are currently unable to recall underperforming Members of Parliament (MPs) and Senators due to the absence of an enabling legal framework.
In a statement shared via his official X account on Wednesday, July 30, 2025, Kanchory accused lawmakers of deliberately sabotaging the Constitution.
“Using the law to frustrate the people is inviting anarchy. The sabotage and circumvention of the Constitution by Parliament is treasonable,” Kanchory stated.
His comments come in the wake of growing public frustration over the inability to hold elected leaders accountable, despite Article 104 of the Constitution granting citizens the right to recall their representatives.
IEBC on recalling MP
The IEBC clarified that while the Constitution provides for the recall of non-performing MPs and Senators, Parliament has failed to enact a comprehensive law to operationalise this provision, rendering the right practically unenforceable.
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.
While Parliament amended the law afterwards to cover the recall of MCAs, it did not pass new legislation to govern the recall of MPs or Senators. This omission, IEBC explained, has left the Commission unable to act on four recent recall petitions targeting MPs and Senators.