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ODM To Initiate Recall Of These 6 MPs

ODM Secretary-General Edwin Sifuna revealed that the move followed the Central Committee meeting held on the same day.

The Orange Democratic Party (ODM) has announced its intention to recall six of its members who voted in favour of the Finance Bill 2024 in Parliament.

Speaking to the press on Tuesday, July 2, ODM Secretary-General Edwin Sifuna revealed that the move followed the Central Committee meeting held on the same day.

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The lawmakers were revealed to have acted against the party’s position on the Bill, which has since been withdrawn.

A bird’s eye view of the National Assembly. /PARLIAMENT KENYA

“That the ODM Party shall initiate and lead recall processes in the following constituencies in light of the current office holders’ repeated violation of their sacred oath and the wishes of the electorate. Gem, Bondo, Navakholo, Kajiado Central, Ikolomani and Suba South,” read the statement in part.

This announcement means that Gem Member of Parliament Elisha Odhiambo and Gideon Ochanda (Bondo) risk being recalled. Others include Emmanuel Wangwe (Navakholo) and Caroli Omondi (Suba South).

The likes of Benard Masaka of Ikolomani and Kanchory Memusi of Kajiado Central for going against the wishes of the party.

However, the party, led by Raila Odinga and which is a branch of the Azimio la Umoja coalition, did not reveal when exactly the MPs will be recalled. 

How To Recall Your MP

The process of recalling an MP is governed by the Constitution and the Elections Act. It states that an MP can be recalled on four grounds: Gross violation of the Constitution or any other law, committing an offence under the Elections Act, misconduct likely to bring disrepute to the office and if the MP is found to have mismanaged public funds.

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“A recall of a member of Parliament shall only be initiated upon a judgment or finding by the High Court confirming the grounds of violation of provisions of Chapter Six of the Constitution, mismanagement of public resources and or conviction for an offence under the Elections Act,” the law states.

The recall process has five stages. The process can be initiated by a registered voter in the respective constituency.

The petitioner must collect signatures from at least 30 per cent of registered voters in the constituency. The signatures must include at least 15 per cent of the voters in each of at least half of the wards in the constituency.

The second stage is submission of the collected signatures to the Independent Electoral and Boundaries Commission (IEBC)  

The signatures must be accompanied by a list specifying the grounds upon which the petitioner wants the MP sent home, evidence supporting the claims and a statutory declaration satisfying the signatures.

Next, IEBC will verify the signatures and the validity of the petition. If the Commission finds that the petition meets the threshold, it will notify the MP who will then have an opportunity to respond to the allegations.

IEBC will then notify the Speaker of Parliament within 15 days of the verification of the petition and proceed to initiate the recall. The Commission will then hold fresh elections within 90 days of the verification of the petition.

The MP will lose their seat if a simple majority of the electorate votes in the recall election to remove them from office. IEBC will then organise a by-election to replace the MP.

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It should be noted that an MP can only be recalled two years after elections and 12 months before the next election. In this case, an MP can be recalled in August 2024, two years after the 2022 general elections.

Raila Odinga and Opiyo Wandayi during a presentation of the resolutions of the Limuru-3 Conference from a section of the meeting Convenors at Chungwa House, Nairobi County. /OPIYO WANDAYI

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