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Lawyer Steve Ogolla warns against abusing MP recall clause for petty reasons

09:44 AM
Lawyer Steve Ogolla warns against abusing MP recall clause for petty reasons

Lawyer Steve Ogolla has warned Kenyans against misusing the recall process to target Members of Parliament based on emotions or social expectations.

His comments follow growing public pressure and political talk about recalling MPs who are perceived to be underperforming.

Ogolla explained that while the Constitution allows for MPs to be recalled, proper laws and procedures must guide the process to avoid abuse.

“Recall, procedural safeguards must be in place. You cannot recall an MP for failing to contribute to harambees or missing funerals,” he said in a TV interview on Monday, August 4, 2025.

He stressed that being absent from public events, such as burials or fundraisers, is not a legal reason to recall a lawmaker. “We risk turning the recall into a tool of revenge or popularity contests if we don’t set clear and fair guidelines,” Ogolla added.

Currently, there is no clear law to implement the recall provision in the Constitution, meaning any such efforts would lack legal backing and could be challenged in court.

IEBC must be protected from political pressure


Ogolla also addressed recent political attacks on the Independent Electoral and Boundaries Commission (IEBC), warning that such comments threaten the credibility of Kenya’s electoral process. He was particularly critical of remarks made by Hon. William Kamket, which he said could damage public trust.

“The utterances by Hon. Kamket must be condemned because they undermine the integrity of the electoral process,” Ogolla said. “The IEBC is working hard to build its reputation as an independent body, and it should not be manipulated by external forces.”

He went on to explain that technology plays a limited but important role in elections. “Kenyan elections are not entirely technology-driven. Technology is only used at three levels — voter registration, identification on election day, and electronic transmission of results,” he explained. “The aim is to make the process more accountable, not easier to influence.”

Steve Ogolla’s message is now clear: the recall process must not be used to punish MPs for being unpopular or missing events. Instead, any recall law must focus on serious grounds, backed by legal standards. At the same time, he called on leaders to stop politicising the IEBC and let it operate independently for the good of the country.

As talk of recalling MPs continues, experts like Steve Ogolla say the focus should be on creating clear laws that support such actions without political interference. At the same time, they call for greater protection of electoral institutions like the IEBC to ensure democracy is upheld.

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Paulette Mboga

P.M.

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