The Kenyan parliament has rejected a proposal to impose stricter conditions for removing members of parliament (MPs) from office. The proposal, which was part of the 2024 Election Laws Amendment Bill, required that an MP be removed from office after being found guilty of a serious crime and sentenced to at least six months in jail. The bill also proposed that a petition to remove an MP be signed by at least one-third of the registered voters in each ward of the constituency.
The proposal was rejected by a majority of MPs, who argued that it was too harsh and could be abused for political purposes. Suba North MP Millie Odhiambo, who led the opposition to the proposal, argued that the threshold proposed by the Justice and Legal Affairs Committee was too low and could be easily manipulated. She stated that she would stand by her principles even if it meant standing alone.
The Justice and Legal Affairs Committee had proposed that the process of removing an MP be initiated after one-third of the registered voters in each ward of the constituency signed a petition. For senators, one-third of the registered voters in each county constituency would be required. However, the by-election would be determined by a simple majority of votes, and the process of removing an MP would be allowed to start after two years since their election.
Some MPs, including Saku MP Dido Raso, supported Odhiambo's position, warning that obtaining signatures from one-third of voters in each ward could be too easy and lead to abuse of the process. However, Leader of Majority Kimani Ichung'wah and his deputy Junet Mohamed opposed the stricter conditions, arguing that citizens should not be denied the right to remove leaders they are not satisfied with.
Ichung'wah stated that setting a threshold of 50% in each ward would repeat the mistakes that led to the high court nullifying previous laws. Article 104 of the Constitution requires parliament to enact laws that outline the reasons and procedures for removing MPs from office. In 2017, the High Court declared some provisions of the law on removal of MPs unconstitutional, citing defects.
The debate on the bill continues, with parliament attempting to establish a legal framework that allows citizens to hold their representatives accountable without the process being abused. The 2024 Election Laws Amendment Bill aims to address various electoral issues, including the removal of MPs from office. The bill's consideration has sparked intense debate among MPs and stakeholders.
The rejection of the proposal is seen as a significant development in the country's efforts to strengthen its democratic institutions. The debate on the bill is ongoing, with various stakeholders contributing their views on the proposed changes. The outcome of the debate will have implications for the country's electoral laws and the powers of parliament.
Key points
- The Kenyan parliament has rejected a proposal to impose stricter conditions for removing MPs from office.
- The proposal was part of the 2024 Election Laws Amendment Bill.
- The debate on the bill continues, with parliament attempting to establish a legal framework for removing MPs from office.
