A Senate committee has recommended an amendment to the County Government Act to provide for the recall of nominated Members of County Assemblies (MCAs).  

The Senate Justice and Legal Affairs Committee further wants the amendments to clearly outline the grounds for recall, the procedure for initiating a recall, and the entities responsible for overseeing the process.   

The committee, chaired by Wakili Hillary Sigei (Bomet), suggests that in the alternative, Parliament should amend by expanding Section 9 of the Political Parties Act and the Second Schedule to the Political Parties Act.  

“We propose the enactment of the relevant legislation that provides for a participatory and transparent mechanism that allows members of the public, including Youth and Persons with Disabilities, to initiate recall proceedings against nominated MCAs where there is sufficient cause,” reads part of the proposals.  

The report further adds: “A failure of the nominated MCA to represent a particular interest may be recalled by the political party members.”   

Public petitions 

According to the committee, the proposed legislation should incorporate public petitions, threshold requirements, and timelines to ensure due process while safeguarding against frivolous claims.  

The report follows a petition from Mr. Laban Omusundi, a resident of Nakuru County, and the Executive Director of Grassroot Civilian Oversight Initiative, in the matter of recalling nominated Members of County Assemblies.  

The petitioner had drawn the attention of the Senate that there exist laws and frameworks for recalling, impeaching or removing political leaders from their respective constitutional offices.  

He, however, stated that such provisions do not apply to nominated members of county assemblies and while elected MCAs may be recalled by their respective constituents, there is no structure in place for the youth or Persons with Disability (PwDs) to recall nominated members.  

He instead prayed to the Senate to consider amending the County Government Act of 2012 to incorporate provisions allowing the recall of nominated Members of County Assemblies, and that the proposed amendment provides for a mechanism that enables the public to initiate such a recall if and when necessary.  

The electorate in a county ward may recall their MCA before the end of the term of the member on grounds similar to those for MPs, which include violation of Chapter Six of the Constitution, mismanagement of public resources and conviction of an electoral offence.   

Required signatures 

The procedure for recall mirrors that in the Elections Act and includes filing a written petition with the Independent Electoral and Boundaries Commission (IEBC), collecting the required signatures from ward voters, and a recall election conducted by the IEBC if the conditions are met.   

A recall of an MCA shall only be initiated upon a judgment or finding by the High Court confirming the grounds and that the rationale is that the rule of law and principles of natural justice must be adhered to.   

“The petitioner should be a voter in the Ward in respect of which the recall is sought and registered to vote in the election in respect of which the recall is sought. These limits subsequently prevented registered voters from initiating, hence discriminatory,” reads part of the report.  

Senators now want the amendments to the County Governments Act to be moved, mandating County Assemblies to strengthen internal oversight mechanisms to monitor the performance and conduct of nominated MCAs.  

The right of recall on a member of Parliament is provided for under Article 104 of the Constitution, which provides that the electorate under Articles 97 and 98 (Members of the National Assembly and Senate) have the right to recall the member of Parliament.   

The Article further provides that Parliament shall enact legislation for the grounds on which a member may be recalled and the procedure to be followed.  

During public participation, the Kenya Law Reform Commission (KLRC) told the Wakili Hillary Sigei-led committee that a recall of a member of Parliament shall only be initiated 24 months after the election of the /member of Parliament and not later than 12 months immediately preceding the next general election and only upon a judgement or a finding by the High Court.  

The Committee observed that the County Governments Act provides mechanisms for the recall of elected Members of County Assemblies (MCAs), but does not extend the same provisions to nominated MCAs.   

“The Act therefore creates a disparity in measures of accountability between elected and nominated MCAs, without considering that both the elected and nominated MCAs hold decision-making and oversight roles in County Assemblies,” the committee observed.  

In addition, the committee recommends strict enforcement of Article 10 values—including transparency, accountability, and public participation—across all categories of MCAs, and that Nominated MCAs should explicitly be required to adhere to the constitutional values, with consequences for non-compliance.