High Court Declines to Force Parliament on MP Recall Law
On Tuesday, July 7, 2026, the High Court dismissed a petition seeking to declare Parliament in violation of the Constitution for failing to enact an operational law allowing Kenyans to recall Members of Parliament.
Justice Roselyne Aburili ruled that the case was filed too early because Parliament is already considering legislation that addresses the issue.
Court Cites Separation of Powers
In her judgment, Justice Aburili emphasized the importance of respecting the separation of powers. She said courts should not interfere with Parliament’s legislative role while lawmakers are actively handling the matter.
According to the judge, the petition was premature because the legislative process is still underway.
Elections Amendment Bill Already Before Parliament
The court noted that both the National Assembly and the Senate are currently considering the Elections (Amendment) Bill, 2024. If passed, the Bill will establish the legal framework for recalling Members of Parliament.
The ruling means Parliament should complete the legislative process before the courts intervene.
IEBC Cannot Process Recall Petitions Yet
The court also clarified the role of the Independent Electoral and Boundaries Commission (IEBC). Justice Aburili ruled that the commission cannot create its own procedures for recalling MPs.
Instead, the IEBC must wait until Parliament passes the required law. As a result, the commission remains unable to process recall petitions against MPs and senators.
Why Kenya Still Lacks an MP Recall Law
Article 104 of the Constitution gives Kenyan voters the right to recall their elected representatives. However, that right has remained largely unenforceable for Members of Parliament.
In 2017, the High Court struck down key provisions of the Elections Act that governed the recall process. The court found the provisions restrictive, discriminatory, and difficult to implement.
Although Parliament later introduced a valid recall framework for Members of County Assemblies, it never enacted a replacement law for MPs and senators. Consequently, Kenya has operated without an effective MP recall mechanism for nearly a decade.
The High Court’s latest ruling leaves the matter in Parliament’s hands as lawmakers debate the Elections (Amendment) Bill, 2024.
