The County Governments Act (Sections 27–29) provides the legal framework for the recall of a Member of the County Assembly (MCA) before the end of their five-year term.
Grounds for Recalling an MCA
A Member of the County Assembly (MCA) may be recalled on any of the following grounds:
✅ Gross violation of the Constitution or any other law
✅ Incompetence
✅ Gross misconduct
✅ Conviction of an offence punishable by at least six months’ imprisonment
Timing Restrictions for a Recall Petition
- A recall can only be initiated after 24 months (2 years) following the election of the MCA.
- A recall cannot be initiated in the last 12 months before the next general election.
- This means a recall can only happen in the third and fourth year of the MCA’s five-year term.
Procedure for Recalling an Elected MCA
The recall process is initiated by a petition filed with the Independent Electoral and Boundaries Commission (IEBC).
Steps to Recall an MCA
📌 1. Filing a Recall Petition
- A registered voter from the MCA’s ward must file a written petition with the IEBC.
- The petition must:
- Be signed by the petitioner (a voter in the affected ward).
- State the specific grounds for the recall (as per the law).
- Include a list of at least 30% of registered voters in the ward supporting the recall.
- Be accompanied by the prescribed fee set by the IEBC.
📌 2. Collecting Signatures
- The petitioner must collect signatures from at least 30% of registered voters in the ward within 30 days of filing the petition.
- The list of voters supporting the petition must include:
- Full name
- National ID or passport number
- Physical address
- Signature
- The signatures must represent the diversity of the ward (e.g., different ages, genders, and ethnic groups).
📌 3. Verification by IEBC
- The IEBC has 30 days to verify the collected signatures.
- If the requirements are met, IEBC will notify the Speaker of the County Assembly within 15 days after verification.
📌 4. Conducting a Recall Election
- The IEBC must hold a recall election within 90 days of publishing the recall notice.
- The ballot will ask voters a “Yes” or “No” question regarding the recall.
- Voting is done by secret ballot, and the recall is decided by a simple majority (more than 50% of votes cast).
📌 5. Outcome of the Recall Election
- If the recall election fails, the MCA remains in office.
- If the recall election succeeds, a by-election is conducted in the affected ward.
- The recalled MCA is allowed to run in the by-election.
📌 6. Limitations on Recall Petitions
- A recall petition can only be filed once against an MCA during their term.
- If an MCA was already recalled once, no further recall attempts can be made in the same term.
How to Recall a Nominated MCA
📌 Different Process for Nominated MCAs
- Nominated MCAs cannot be recalled through a public petition.
- Only the political party that nominated them can initiate a recall at any time.
- The process follows the party’s internal disciplinary and recall mechanisms.
Conclusion
Recalling an MCA in Kenya is a structured legal process that requires valid reasons, a strong petition, and support from at least 30% of the registered voters in the ward. The IEBC oversees the recall election, ensuring that it is fair, democratic, and transparent. If an MCA is successfully recalled, a by-election is held, and the removed MCA can contest again.
