JAMILA’S MEMO: MPs - Dodging the recall

But 15 years later, that power exists only in theory. Why? Because MPs never passed the law to make recall possible. And the few rules that existed under the Elections Act were so restrictive that the High Court threw them out…

Think about it:

•You couldn’t recall an MP in their first or last 24 months in office.

•You couldn’t try more than once in five years, no matter how bad things got.

•Political rivals couldn’t support the process, as if only friends of an MP should hold them accountable.

•And worst of all, 30% of registered voters had to sign a petition — a near-impossible burden dumped entirely on the citizen seeking a recall.

The High Court rightly struck them down. But now, with no procedural law in place, your right to recall an MP is dead in the water. Parliament holds the keys, and MPs aren’t about to open a door that could lead to their own exit.

And here’s the irony: there’s a legal framework to remove a President, Deputy President, Governor, even an MCA. Why would there be laws to remove every other elected leader, yet no legal framework exists to remove a Member of the National Assembly? Somehow, MPs have carved out a safe zone for themselves, immune from the same standards of accountability everyone else in government faces.

So what happens? MPs know they can skip sessions, betray promises, insult voters, and get away with it. There are no real consequences between elections. And as we’ve seen time and time again, they’ll treat you however they want for four years and then, come election season, return with smiles, slogans, and handouts — and too often, we forgive, forget, and reward them with another term, another free pass.

Yet, this doesn’t have to be the case. Other democracies have simple, effective recall laws. The UK’s Recall of MPs Act 2015 allows a by-election if voters reach a certain threshold after misconduct or absenteeism. Even countries without recall provisions, like India, still remove MPs for missing too many sittings or facing conviction. In Kenya, we already have rules for losing a seat — but apparently, they only apply when Parliament feels like enforcing them.

The truth is, voters should have the first and final say on whether a failing MP deserves to finish a full term. If the law is misused, the courts can step in. But without a law at all, we remain powerless, watching leaders enjoy five years of immunity regardless of how badly they perform.

So yes, recall your MP? Only if they ever allow it. Until we stop falling for the same tired tricks and demand real accountability, our so-called right to recall will remain yet another constitutional promise locked away in Parliament’s back pocket.

And that is my memo.