Bid To Recall Nairobi Woman Rep Esther Passaris Faces Uphill Battle As She Faces Serious Allegations

Four young Kenyans have filed a groundbreaking petition with the Independent Electoral and Boundaries Commission (IEBC) seeking to recall Nairobi Woman Representative Esther Passaris. This move marks a significant test of Kenya’s recall provisions, as no Member of Parliament (MP) has ever been successfully removed from office through this process.

The petitioners – Shakira Wafula, Marvin Mabonga, Dominic Omandi, and Cich Soet – formally submitted their petition to the IEBC, alleging multiple constitutional violations by the Woman Representative. The electoral body is now reviewing the submission to determine if it meets the rigorous legal requirements for the recall process to advance.

Grounds for Recall

The detailed allegations against Passaris include:

• Constitutional Breaches: Violations of several articles of the Kenyan Constitution, specifically Articles 10 (national values and principles of governance), 35 (access to information), 37 (right to peaceful assembly), 73 (responsibilities of leadership), 75 (conduct of state officers), 95 (functions of National Assembly), and 232 (values and principles of public service).
• Undermining Public Participation: Accusations of hindering peaceful protest and undermining genuine public participation.
• Failure to Represent: Allegations of failing to adequately represent the women of Nairobi, particularly concerning issues of police brutality.
• Executive Alignment: Concerns over perceived alignment with executive overreach.
• Financial Opacity: Refusal to disclose the utilization of National Government Affirmative Action Funds (NGAAF).
• Integrity Violations: Breach of Chapter Six of the Constitution, which pertains to leadership and integrity.
• Disinformation: Spreading false or misleading information.

The Stringent Recall Process

Under Kenyan law, an MP can only be recalled after serving at least two years in office and before the final year of their electoral term. Should the IEBC find merit in the petition, the petitioners will face a daunting task. They must collect a minimum of 750,000 valid signatures, representing 30% of Nairobi’s 2.5 million registered voters. Furthermore, they need to achieve a 15% threshold of signatures in at least half of Nairobi’s wards.

Upon successful collection, the IEBC is mandated to verify these signatures within a 30-day period. If all conditions are met, the commission would then notify the Speaker of Parliament, who would be required to call a recall election within 90 days. For Passaris to be officially removed from office, at least 50% of all registered voters must participate in the recall election, with a majority voting “yes” to the recall.

Despite the inherent challenges and the widely held belief that the recall process is nearly impossible to achieve in Kenya, the petitioners remain confident in their ability to gather over 1 million signatures. They emphasize that their initiative is not merely a legal challenge but a civic duty aimed at empowering Kenyan citizens to hold their elected representatives accountable. As the IEBC continues its review,