ADVOKS GLOBAL · KENYA
Elections Act
45. Right of recall.
Edition: 2022-12-31 · In force
45. Right of recall.
(1)The electorate in a county or constituency may recall their member of Parliament before the end of the term of the relevant House of Parliament on any of the grounds specified in subsection (2).(2)A member of Parliament 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 this Act.(3)A recall of a member of Parliament under subsection (1) shall only be initiated upon a judgement 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 Parliament and not later than twelve months immediately preceding the next general election.(5)A recall petition shall not be filed against a member of Parliament more than once during the term of that member in Parliament.(6)A person who unsuccessfully contested an election under this Act shall not be eligible, directly or indirectly, to initiate a petition under this section.