Dear folks from tindiret kindly lets deliberate our sentiments rather than precipitating and mere propaganda as we demand for accountability,kindly understand the procedure of impeachment or recalling our leaders and we better make positive critics,otherwise itakuwa ni kuchemsha mawe kutumia kuni, RECALLING AN MP our constitution has given us a hard task to remove non perfomers in the office, The provisions give kenyans a one year window during which to initiate a recall in addition to depositing Kshs 500,000 with IEBC. A member of parliament can only be recalled after 24 months of being in office and 12 months b4 the general election.the petitioner also must get 30% support from the registered voters in that constituency in addition to 15% voters support from all the wards in that consituency. In addition to this the petition must be taken to the high court which will then confirm whether a recall is neccessary,no time limit is given for this and it will take more than one year. RECALL OF MEMBER OF THE COUNTY ASSEMBLY The County Government Act (No. 17 of 2012) sets out the requirements and procedures for Recall of Member of the County Assembly (popularly known as MCAs). Section 27 to 29 of the Act set out :- Recall of a county assembly member; Petition for recall. Recall elections. The following is what the law says about Recall of MCAs as per section 27 to 29 of the County Government Act (2012):- 27. Recall of a county assembly member (1) The electorate in a county ward may recall their member of the county assembly before the end of the term of the member on any of the grounds specified in subsection (2). (2) A member of a county assembly may be recalled where the member— (a) is found, after due process of the law, to have violated the provisions of Chapter Six of the Constitution; (b) is found, after due process of the law, to have mismanaged public resources; (c) is convicted of an offence under the Elections Act (No. 24 of 2011). (3) A recall of a member of the county assembly under subsection (1) shall only be initiated upon a judgment or finding by the High Court confirming the grounds specified in subsection (2). (4) A recall under subsection (1) shall only be initiated twenty-four months after the election of the member of the county assembly and not later than twelve months immediately preceding the next general election. (5) A recall petition shall not be filed against a member of the county assembly more than once during the term of that member in the county assembly. (6) A person who unsuccessfully contested an election under the Elections Act (No. 24 of 2011) shall not be eligible, directly or indirectly, to initiate a petition under this section. 28. Petition for recall (1) A recall under section 27 shall be initiated by a petition which shall be filed with the Independent Electoral and Boundaries Commission and which shall be— (a) in writing; (b) signed by a petitioner who— (i) is a voter in the Ward in respect of which the recall is sought; and (ii) was registered to vote in the election in respect of which the recall is sought; (c) accompanied by an order of the High Court issued in terms of section 27(3). (2) The petition referred to in subsection (1) shall— (a) specify the grounds for the recall as specified under section 27(2); (b) contain a list of such number of names of voters in the Ward which shall represent at least thirty percent of the registered voters in that Ward; and (c) be accompanied by the fee prescribed for an election petition. (3) The list of names referred to in subsection (2)(b) shall contain the names, address, voter card number, national identity card or passport number and signature of the voters supporting the petition. (4) The voters supporting a petition under subsection (3) shall represent the diversity of the people in the Ward. (5) The petitioner shall collect and submit to the Commission the list of names under subsection (2)(b) within a period of thirty days after filing the petition. (6) The Commission shall verify the list of names within a period of thirty days of receipt of that list. (7) The Commission, if satisfied that the requirements of this section are met, shall within fifteen days after the verification, issue a notice of the recall to the speaker of the county assembly. (8) The Commission shall conduct a recall election within the Ward within ninety days of the publication of the question. 29. Recall elections (1) Where a member of the county assembly is to be recalled under section 27, the Independent Electoral and Boundaries Commission shall frame the question to be determined at the recall election. (2) A question referred to in subsection (1) shall be framed in such a manner as to require the answer “yes” or the answer “no”. (3) The Commission shall assign a symbol for each answer to the recall question. (4) The voting at a recall election shall be by secret ballot. (5) A recall election shall be decided by a simple majority of the voters voting in the recall election. (6) Where a recall election results in the removal of a member of the county assembly, the Commission shall conduct a by-election in the affected Ward. (7) A member of the county assembly who has been recalled may run in the by-election conducted under subsection (6). -----------------------------------------END---------------------- Feel free to ask questions or comments or give feedbac
Posted on: Sun, 21 Dec 2014 06:45:52 +0000
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