LSK President Faith Odhiambo has called on swift intervention to legislative reforms to allow Kenyans recall non-performing MPs. Photo: Faith Odhiambo X.
The Law Society of Kenya (LSK) has called on swift legislative intervention to restore full implementation of the right of Kenyans to recall Members of Parliament who are not delivering their mandate as it enshrined in the Constitution.
LSK President Faith Odhiambo explaining the right articulated in Article 104 of the Constitution is one of the fundamental guarantees of the sovereignty of the people contemplated at Article 1.
She faulted the declaration of the high Court of sections sections 45 and 46 of the Elections Act as Unconstitutional has crippled the application of the right due to lack of a proper framework, terming it as unfortunate.
“Court should have been reconciled promptly to avert the current crisis where the right has been rendered ineffective due to lack of an enforcement framework. It is unfortunate that this was not done,” Odhiambo said.
According to her, the Elections Amendment Bill, Senate Bill No. 29 of 2024, proposes to delete the impugned provisions, especially doing away with the requirement that recall processes must be subjected to the High Court. The move she says has denied voters and election loser the right to recall.
“However, the Bill has inexplicably condensed the grounds upon which an MP can be impeached. The disturbance of the threshold for removal is unnecessary and was not contemplated by the Court in its decision,” she explained.
The Bill currently in the National Assembly on its Second Reading Stage, she urged the MPs to take it as a matter of priority, for the Bill to reflect the Article 104 of the Constitution.
“As the Bill awaits its 2nd Reading at the National Assembly, it is important that its consideration is made a matter of priority, and that the threshold for removal is revised to reflect the true purport of Article 104 and Chapter 6 of the Constitution,” she urged.
On Tuesday, Supreme Court Judge Lady Justice Njoki Ndung’u pleaded with the National Assembly to avoid last minute rush to make electoral reforms, as they interfere with the functioning of the Judiciary and resolving electoral cases.
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