Ruto to Sign IEBC Bill at KICC on Tuesday

President William Ruto is set to sign the Independent Electoral and Boundaries Commission (Amendment) Bill on Tuesday morning at the Kenyatta International Convention Centre.

This marks a departure from the typical State House setting for such events. The legislation aims to overhaul Kenya's electoral management system including appointing new IEBC commissioners. The President has faced mounting pressure to approve the IEBC Bill with various stakeholders including opposition leaders and religious figures urging him to facilitate the reconstitution of the electoral body. Azimio co-principal Kalonzo Musyoka recently claimed that the Bill has been awaiting the President's signature for some time.

This push for accountability comes in the wake of the controversial Finance Bill, 2024, which saw some elected representatives vote in favour of the tax legislation, seemingly against the wishes of their constituents. This led to calls for the recall of these MPs with some citizens even resorting to damaging properties owned by their representatives. The Finance Bill passed its second reading with 204 votes in favour while 195 MPs approved it at the third reading stage. The significant backlash prompted President Ruto to initially refuse to sign the Bill, requesting that lawmakers remove contentious clauses.

However, a segment of the electorate remains determined to recall the MPs who voted in support of the measure. The process of recalling an MP is a complex one, governed by the Constitution and the Elections Act. It involves several stages, beginning with a voter filing a petition with the electoral commission. The petition must garner signatures from at least 30% of the constituency's voters and 15% from at least half of the wards. Once approved, the MP is allowed to defend their position before a vote is held in the constituency. For a recall to be successful, it must obtain more than half of the votes cast, provided that at least half of the registered voters in the area participate in the ballot.

Elected representatives can be removed from office for various reasons, including serious breaches of the Constitution or other laws, violating election rules, engaging in conduct that damages the office's reputation, or mishandling public funds. It's important to note that the recall process can only be initiated after the High Court has ruled that the representative has violated the integrity and ethical standards outlined in Chapter Six of the Constitution, misused public resources, or been convicted of an electoral offence. This legal framework ensures that the recall process is not used frivolously and maintains the integrity of the electoral system.