#OperationRecallHuka Ladies and gentlemen, the recalling of a Member of Parliament is stipulated in Section 45-48 of Election Act. According to my lawyer, a member of parliament can be recalled under the following circumstances: 1. If he violates Chapter Six of the Constitution 2. If he is found guilty of mismanaging public resources; 3. If he is convicted of an offence under the Elections Act can be recalled by the electorate in a county or constituency. The member of Parliament can only be recalled after 2 years of being in office and 1 year before the next General Election. According to the Act, any person can initiate the petition process except the person who unsuccessfully contested for elections under this Act cannot initiate a recall petition The process starts after a finding by the High Court confirming that the member of county assembly is in violation of the Constitution or the Elections Act as stated above. Recall is initiated by a petition which is filed with the Independent Electoral and Boundaries Commission. The Petition has to be in writing. The Petition has to be signed by a petitioner who is a voter in the Constituency in respect of which the recall is sought. The Petitioner who signs it must have been registered to vote in the election in respect of which the petition is sought. The Petition shall be accompanied by the High Court order showing that the MP is on the wrong. The petitioner must also get 30 percent support from registered voters in that constituency in addition to 15 percent voters’ support in all the wards in the constituency. The Petition shall specify the grounds for the recall The Petition shall contain a list of such number or names of voters in the Constituency or County which shall contain names of at least 15% of the voters in more than half of the wards in the county or the constituency – the list of names should have the names, address, voter card number, national identity card or passport number and signatures of the voters supporting the petition. These list of voters supporting the petition shall represent the diversity of the people in the ward. The Petition shall be accompanied by the fee (500,000) prescribed for an election Petition. The petitioner shall submit this list of names to IEBC within 30 days after filing the petition. The Commission shall verify the list of names within a period of 30 days of receipt of that list. Once the Commission is satisfied with the petition and list and has verified them, it shall within 15 days issue a notice of the recall to the speaker of the county assembly. The IEBC shall conduct a recall election within 90 days of the publication of the question. What is a Question? This is a questioned framed by the IEBC to be determined at the recall election in a manner as to require the answer ‘yes’ or ‘no’ and each answer shall be assigned a symbol A recall election shall be valid if the number of voters who concur in the recall election is at least fifty percent of the total number of registered voters in the affected county or constituency.
Posted on: Sun, 21 Dec 2014 18:11:22 +0000
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