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Willis Otieno questions Parliament’s reluctance to pass recall law for MPs
30th July, 2025 08:18 PM
Lawyer and political commentator Willis Otieno has criticised Parliament for failing to enact a law that allows citizens to recall underperforming Members of Parliament (MPs) and Senators.
His remarks come in the wake of a statement by the Independent Electoral and Boundaries Commission (IEBC), which confirmed that, despite the constitutional provision under Article 104, Kenyans currently have no legal means to recall their elected national leaders.
In a fiery post shared on his X account on Wednesday, July 30, 2025, Otieno accused Parliament of deliberately blocking efforts to hold MPs and Senators accountable mid-term.
“They walk around thumping their chests like untouchable kings, yet they’ve deliberately blocked the one constitutional tool that allows you to hold them accountable mid-term: the right of recall under Article 104,” he wrote.
Otieno pointed out that the Constitution gives voters the power to recall non-performing leaders, but Parliament has failed to implement a proper legal framework to make that right a reality.
“They know the Constitution gives you that power. They know the courts struck down the flawed recall law in 2017 for being discriminatory. They also know Parliament fixed the law for MCAs, but when it came to themselves, they froze. Cowards,” he said.
Otieno further questioned why only Members of County Assemblies (MCAs) can be recalled, yet MPs and Senators, who play a more significant role in lawmaking and governance, are exempt from such public scrutiny.
He challenged the public to consider why Parliament has consistently avoided putting in place a legal pathway for recalling its members, suggesting that the reluctance stems from fear of being exposed for failing to deliver on its constitutional mandates.
“They refused to legislate a recall process for MPs and Senators because they don’t want to face the people before elections. So ask yourself: Why are they afraid of being recalled? Why should MCAs face recall, but not MPs? What makes them so special that they can betray their oath of office and still sit pretty?” Otieno questioned.
Otieno’s remarks follow a statement released earlier in the day by IEBC, which explained why it is currently unable to process recall petitions against MPs and Senators.
IEBC’s statement
In its statement, the commission clarified that while it supports the constitutional right of voters to recall non-performing lawmakers, there is no law in place to guide the process for MPs and Senators.
“While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament,” the statement read in part.
Adding;
“The Commission stands ready to facilitate the process without fear, favour, or hindrance,” IEBC stated.
According to the commission, the gap in the law stems from a 2017 High Court ruling in a case filed by Katiba Institute and the Transform Empowerment for Action Initiative (TEAM) against the Attorney General and another party. The court found that certain parts of the Elections Act 2011, which had outlined the recall process, were unconstitutional and discriminatory, and therefore struck them out.
Following that ruling, Parliament amended the law to enable the recall of MCAs, but failed to do the same for MPs and Senators.
As a result, IEBC said it is unable to act on four recall petitions that have recently been submitted against MPs and Senators.
Speaking to the media, IEBC Chairperson Erustus Ethekon confirmed the commission had received the petitions but could not proceed due to the legal vacuum.
