Kenya: Recall of MP’s

Recall

Voters are supposed to be able to recall their MPs. This is something that many people have wanted in the constitution. However, a new law will have to be passed by Parliament. Presumably MPs will not be enthusiastic about the idea and may well pass a law that makes it very difficult to recall them.

Recall is possible in various countries, including various US states and Canadian provinces. It is also under serious discussion in the UK. Recall procedures have often been ineffective because of the difficulty in getting enough signatures, however, requiring too few opens the possibility of abuse. There are risks in such a system – especially of abuse for personal reasons, or to cause confusion. The law to be passed will have to decide also whether removal is to be possible because of loss of political support or only because of misconduct. And it may be necessary to restrict the use of the procedure for a period after an election, and before the next election. The CKRC draft suggested a balance between the danger of abuse of the process and the worthwhile motivations behind it (which may provide assistance in the drafting of the legislation).

Mr. Reishi Arun Parikh

Proprietor

YARIS DATA SYSTEMS
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Web: www.yarisdata.com Email: yaris@africaonline.co.ke

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