Uphill battle: Inside IEBC stringent rules for MCAs recall

The Independent Electoral and Boundaries Commission (IEBC) has formally established a clear administrative pathway for voters seeking to recall their MCAs before the end of their term.

The detailed procedures, outlined in a comprehensive guide seen by the Star, empower registered voters in a ward to initiate a recall process, a matter that gained traction at the height of the 2023 Gen Z uprising.

At that time, many lawmakers and political leaders were touted as ripe for recall, but IEBC argued it had no substantive framework to guide the process.

In what points to the uphill battle awaiting petitioners, the chairperson Erastus Ethekon-led IEBC has set the bar high for a successful recall.

The process requires significant grassroots support amid strict legal and financial requirements.

According to the IEBC guide, a recall petition can only be initiated on specific, serious grounds, including gross violation of the constitution or any other law.

MCAs would also face ouster for incompetence, gross misconduct, and upon conviction of an offence punishable by imprisonment for at least six months.

As per the rules, the process begins with a written petition submitted by a registered voter from the ward in question and could culminate in a referendum if a petition is upheld by the IEBC.

The petitioner must not only list the grounds for recall but also swear a detailed affidavit before a Commissioner for Oaths, attesting to the truth of the allegations.

Petitioners would also be required to pay IEBC a non-refundable fee of Sh15,000 to file a recall case, mirroring the cost of filing an election petition for an MCA seat.

For a petition to be considered by IEBC, the mover would be required to demonstrate substantial voter support.

As such, the petitioner would be under an obligation to submit a list of supporters representing at least 30 per cent of the registered voters in the ward.

This, as per the rules, would have to be executed within 30 days of the petition being received by the commission.

The list must contain the names, physical addresses, ID or Passport numbers, contacts, and original signatures or thumbprints of all supporting voters.

Besides the details, the IEBC rules say that the list of supporters must "represent diversity of the people in the ward," a provision likely intended to prevent a narrow sectional appeal from triggering a recall.

“Within 30 days of receipt of the petition, the petitioner shall provide the list of names of voters in the ward which shall represent at least 30 per cent of the registered voters in that ward and shall depone by way of an affidavit that the voters supporting the petition represent the diversity of the people in the ward,” the rules read in part.

Upon receipt of the signatures, the IEBC would embark on a rigorous verification to determine if a petition meets the set threshold.

The commission’s technical team will cross-check the submitted details against the official voter register to confirm the validity and sufficiency of the support.

The guide outlines two potential outcomes, being where the petition fails or succeeds.

Should the petition lack the required 30 per cent support, contain invalid signatures, or fail to meet other legal requirements, the IEBC will formally inform the petitioner of the failure and the reasons.

If the petition succeeds, and the IEBC is satisfied that all legal thresholds have been met, it will issue a notice of recall to the Speaker of the County Assembly within 15 days.

The commission will then frame a simple "Yes" or "No" question on whether the MCA should be recalled and publish it in the Kenya Gazette.

“The commission shall assign a symbol to each recall answer,” the guidelines read.

A recall election would, in that case, have to be conducted in the ward within 90 days of this publication.

The fate of the MCA will be decided by a simple majority of the voters who turn out for this special election.

If the "Yes" vote wins, the MCA is removed from office. The County Assembly speaker would, in that case, be obligated to issue a writ to the IEBC to conduct a by-election to fill the vacant seat.

The recall mechanism is anchored in Section 27 of the County Governments Act, which grants the electorate the power to hold their ward representatives accountable.

The IEBC, as the constitutionally mandated body, is tasked with overseeing the process to ensure its integrity.

INSTANT ANALYSIS

The IEBC's procedural guide signals a move towards standardising and demystifying the recall process. While it provides a clear tool for civic engagement, the high signature threshold and associated costs ensure only the most broadly supported and well-organised recall efforts will succeed, protecting MCAs from being subjected to flimsy or narrowly motivated removal attempts.