Nairobi — A new petition before the Senate could open the door for major changes in how top elected leaders in Kenya can be removed from office.
Senate Speaker Amason Kingi on Thursday announced that a petition had been submitted calling for the introduction of a legal framework that would allow voters to recall the President, Deputy President, Governors and Deputy Governors.
The petition was filed by activist Laban Omusundi, who argues that Kenyan law gives citizens the power to recall Members of Parliament and MCAs, but denies them the same power over elected executive leaders.
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In his communication to the senators, Speaker Kingi said the petition cites a clear gap in the Constitution and existing laws.
"While the Constitution allows for the recall of Members of Parliament, it is silent on the recall of the President and the Deputy President," Kingi said.
"Similarly, the County Government Act allows for the recall of MCAs, but there is no legal framework for recalling Governors or their deputies."
According to the petition, the gap leaves voters with no direct way to hold top leaders accountable during their term in office.
At the moment, Presidents and Governors can only be removed through impeachment, a process controlled by Parliament and County Assemblies, not by the electorate.
The petitioner argues that the system locks out citizens and concentrates power in the hands of politicians.
Omusundi is now asking the Senate to begin the process of amending the Constitution and relevant laws to allow voters themselves to recall the President, Deputy President, Governors and Deputy Governors.
He also wants clear grounds and procedures set, similar to those already in place for MPs and MCAs.
Speaker Kingi reminded the House that under Article 119 of the Constitution, every Kenyan has the right to petition Parliament to consider changes to the law.
Following the reading of the petition, the Speaker formally referred the matter to the Senate Standing Committee on Justice, Legal Affairs and Human Rights.
The committee has been given up to 60 days to review the petition and table a report before the Senate, where lawmakers will decide whether to push for constitutional and legal amendments.