By Kiptanui Rutto
President Kenyatta has signed into law a Bill allowing a voter to recall incompetent and troublesome MCAs.
The Petition to County Assemblies (Procedure) Bill of 2020 was first introduced in the Senate in April before sailing through the National Assembly towards in June. According to its sponsor, Elgeyo Marakwet Senator Kipchumba Murkomen, the bill seeks to have MCAs ousted easily by their constituents once they violate the constitution including incompetence and gross misconduct.
“My intention in coming up with the law is to ensure that county assemblies are bastions of respect and dignity in undertaking their constitutional and legal mandate to represent people, legislate and ensure the limited resources are used prudently by those responsible,” stated Murkomen.
The process of recalling an MCA according to the new law has been simplified in a 9-steps process.
The voter from the ward can initiate the process after obtaining over 30% of signatures from the Ward’s Registered Voters. The voter then writes to the Independent Electoral and Boundaries Commission (IEBC) and impeachment process has to be concluded within 30 days of its filing.
However, President Uhuru Kenyatta has signed five other Bills from the Senate and the National Assembly into law. These include the Public Finance Management (Amendment) Bill of 2020, the National Drought Management (Amendment) Bill of 2019 and the County Governments (Amendment) Bill of 2017. Others are the County Attorneys Bill of 2018 as well as the County Governments (Amendment) No. 2 Bill of 2017.
How to recall an MCA in 9 simple steps!
- A petition filed in writing with the Independent Electoral and Boundaries Commission (IEBC) will initiate the recall.
- Petition must be signed by 30 per cent of the registered voters in the Ward.
- The petition must be signed by a petitioner who is a voter in the ward in respect of which the recall is sought,” reads part of the law.
- Submission of the petition to the IEBC must be within 30 days from the date of its filing.
- The IEBC shall verify the signatures within 30 days from the date the petition is filed.
- The commission, if satisfied that the requirements are met, it shall, within 14 days of verification, issue a notice to recall the rep to the Speaker of the county assembly.
- The IEBC shall conduct a recall election in the affected ward within 90 days of publication of the question – Yes or No.
- A simple majority shall decide the recall vote.
- If a majority vote in support of the recall, IEBC shall conduct a by-election in the ward within 90 days.