IEBC should stop giving excuses and facilitate recall of legislators

Chairperson of the Independent Electoral and Boundaries Commission (IEBC) Dr. Erastus Edung Ethekon during the swearing in of the commission at Supreme Court on July 11, 2025. [Kanyiri Wahito, Standard]

When Kenyans overwhelmingly passed the 2010 Constitution, one of their boldest statements was this: The people are sovereign. They embedded this truth in nearly every chapter of the Constitution. Among its most powerful tools of accountability is Article 104- the right of voters to recall a Member of Parliament (MP). This provision was meant to ensure that no elected leader could grow arrogant or complacent without consequence. Now, however, the Independent Electoral and Boundaries Commission (IEBC) is attempting to subvert that right by claiming that there is “no enabling legislation” to guide the process.

That position is not only legally flawed. It is unconstitutional, and it betrays the spirit of the 2010 Constitution. Article 104 is self-executing. It does not require additional laws to give it life. The failure of Parliament to enact a detailed framework is not a barrier to implementation. It is a dereliction of duty that voters should not be punished for.