The Independent Electoral and Boundaries Commission (IEBC) has proposed significant changes to Kenya's recall laws that could make it easier for citizens to remove Members of Parliament (MPs) before their term ends.

The Election Laws (Amendment) Bill, 2026, aims to reduce legal barriers that have previously hindered recall efforts. The new bill lowers the required number of voter signatures to 30% of registered voters in a constituency, down from the current 15% across more than half the wards. It also broadens the grounds for recall beyond corruption or constitutional violations to include incompetence and gross misconduct.

Key Proposed Changes

  • Recall petitions can be initiated by any registered voter within 24 months after an MP’s election, but not in the last 12 months before the next general election.
  • A recall petition can only be filed once per parliamentary term per MP.
  • Grounds for recall now include incompetence, gross violation of the constitution or laws, gross misconduct, or conviction of an offense punishable by at least six months imprisonment.
  • The recall process must be completed within five months, including the recall election.

Previously, a High Court judgment confirming a constitutional violation or a graft conviction was required to trigger a recall. The new bill removes this prerequisite, allowing voters to initiate recalls directly. This change comes after several failed recall attempts in 2024, when citizens tried to remove MPs who supported the controversial Finance Bill but were stymied by legal complexities.

During the 2024 protests, MPs including Nairobi Woman Representative Esther Passaris faced recall threats. The Orange Democratic Movement (ODM) also warned of recalls against six of its MPs who backed the Finance Bill.

The IEBC notes that the current legal framework is inadequate and that the courts have ruled some recall provisions unconstitutional or premature. For instance, a 2017 Katiba Institute case invalidated sections of the Elections Act related to recall, and a recent court decision blocked IEBC from processing a recall petition for Tharaka Nithi Senator Mwenda Gataya, citing incomplete legislation.

If passed, the amendments are expected to increase political accountability by enabling constituents to hold their elected leaders to higher standards. However, MPs themselves will vote on the bill, raising questions about its prospects given past resistance to self-limiting reforms.

The proposed law signals a potential shift in Kenya’s political landscape, where winning an election would no longer guarantee a full five-year term without risk of recall for poor performance or misconduct.