The High Court has dismissed a petition seeking to compel Parliament to enact a law allowing voters to recall Members of Parliament, ruling that the case was premature because the legislation is already under consideration.

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In a judgment delivered on Tuesday, July 7, Justice Roselyne Aburili ruled that Parliament should be allowed to complete consideration of the Elections Amendment Bill, 2024, without interference.

"This petition is premature and not ripe for determination and that the petitioners, as well as the Court, should let Parliament legislate and wait for the outcome," Justice Aburili ruled.

The court found that although Article 104 of the Constitution guarantees Kenyans the right to recall elected leaders, that right cannot be exercised without an Act of Parliament.

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Justice Aburili further ruled that the Independent Electoral and Boundaries Commission (IEBC) cannot establish recall procedures on its own in the absence of such a law, saying doing so would amount to assuming Parliament's role.

"The constitutional right to recall is not self-executing and can only be operationalised through legislation enacted by Parliament," the judge held.

The petition stemmed from efforts by a group of seven Kenyans to initiate the recall of Tharaka Nithi Senator Mwenda Gataya Mo Fire over alleged abuse of office.

On August 21, 2024, the petitioners wrote to the electoral body seeking guidance on the procedures for recalling the senator.

However, IEBC responded on September 9, 2024, stating that it could not facilitate the process because it was not fully constituted at the time and there was no law providing a recall mechanism for Members of Parliament.

After the appointment of new IEBC commissioners, the petitioners again wrote to the commission requesting the same information, but it maintained its earlier position, prompting the group to move to the High Court.

📰 Source: Kenyans.co.ke