Nairobi Woman Representative Esther Passaris is now facing a formal petition for her recall. This action, spearheaded by activist Shakira Wafula, was officially submitted to the Independent Electoral and Boundaries Commission (IEBC) on Monday, July 28, with the commission acknowledging its receipt on the same day. The move underscores the increasing scrutiny elected officials face from their constituents and the constitutional avenues available for demanding transparency and performance.
The petition, filed by Wafula and her team, lists a series of serious allegations as grounds for the recall. These include violations of the Constitution, abuse of office, neglect of duty, and breach of public trust. The formal language of the petition explicitly states, “We, the undersigned citizens and registered voters of Nairobi County, submit this petition per Article 104 of the Constitution of Kenya and Section 45 of the Elections Act, seeking the immediate recall of Hon. Esther Muthoni Passaris, Woman Representative for Nairobi County.” It further asserts that Hon. Passaris "has demonstrated conduct unbecoming of a State Officer, undermined constitutional principles, disrespected the electorate, and failed to perform her representative and oversight functions with integrity, impartiality, and accountability."
News of the petition's submission quickly resonated across social media platforms, leading to an intensification of calls from netizens for Passaris's recall. Online users actively urged Nairobi residents to provide their signatures to the IEBC, highlighting the power of collective citizen action in democratic processes.
The IEBC plays an indispensable role in the recall of an MP or Member of County Assembly (MCA), serving as the custodian of a multi-stage process designed to ensure fairness and adherence to electoral law. Their responsibilities span from the initial receipt and verification of the petition to the subsequent conduct of by-elections, should the recall succeed.
Following the formal filing of such a petition, the second critical step in the recall process involves the extensive collection of names and signatures. A minimum of one-third of the registered voters from the specific constituency must sign in support of the recall. A key safeguard within this requirement is that signatories must be registered in different parts of the constituency, preventing concentrated support from a single ward or locality from dominating the process.
The IEBC then undertakes the crucial third step: verifying the collected list of names. This verification process must be completed within 30 days of submission. Upon successful verification, the commission is mandated to issue a formal notice of the recall to the Speaker of the relevant House within 15 days. The penultimate step is the conduct of a recall election by the IEBC within 90 days of publishing the notice to the Speaker. In this election, voters are asked a direct question: "Do you wish to recall your MP/MCA?" The outcome is determined by a simple majority of participating voters. Should a recall election result in the removal of a Member of Parliament, the Commission is then tasked with conducting a by-election in the affected constituency or county. Notably, the recalled MP retains the right to run in the ensuing by-election.
