The people of Kiambu might recall Gathoni Wamuchomba before she is sworn in as an MP. This follows her comments on MPs salaries, which she stated that it’s meager.
Gathoni argued that due to the huge responsibilities lying on the shoulders of MPs, they won’t survive on the meager salary suggested by SRC Chair Sarah Serem.She adds that instead of reducing MPs salaries,Serem should be human enough and increase their pay.
But Gathomi’s statement has not augured well for the people of Kiambu-they have vowed to recall her back if she doesn’t coil her tail.
But what is the process of recalling an MP in Kenya:
Parliamentarians can be recalled due to these grounds;
(a) is found, after due process of the law, to have violated the provisions of Chapter Six of the Constitution;
(b) is found, after due process of the law, to have mismanaged public resources;
(c) is convicted of an offence under the Elections Act.
This process can only be initiated twenty four months after the election of the Member of Parliament and not later than twelve months immediately preceding the next general election. This means there is only a two year window to recall these elected leaders.
This recall should be filed with the Independent Electoral and Boundaries Commission (IEBC) in writing and signed by a petitioner who;
(i) is a voter in the constituency or county in respect of which the recall is sought; and
(ii) was registered to vote in the election in respect of which the recall is sought;
The petition must be accompanied by an order of the High Court issued following the determination of the grounds for recall. Remember, the elected representative can appeal the ruling and this can take time.
The petitioner in writing to the IEBC needs to specify the grounds for the recall and attach;
(b) a list of such number of names of voters in the constituency or county which shall represent at least thirty percent of the registered voters; and
(c) be accompanied by the fee prescribed for an election petition.
