NAIROBI, Kenya Jul 20 -The Independent Electoral and Boundaries Commission (IEBC) has received four petitions seeking to recall Members of Parliament, a constitutional move that is now being tested by a frustrated electorate amid fallout from the current regime.Following the controversial Finance Bill 2024, which sparked national protests and a widespread sense of betrayal, frustrated citizens have turned to Article 104 of the Constitution in a bid to hold their leaders accountable.But while the law on paper provides a route to recall, the practical road remains treacherously steep.IEBC Chairperson Erastus Ethekon on Saturday confirmed the Commission is currently reviewing the petitions before deciding on the next course of action. “Yes, the commission has received petitions for the recall of four members. We are examining them for consideration,” Ethekon stated.The electorate from 4 constituencies who have put Article 104 to the test are forced to navigate this terrain with the electoral agency remaining tight-lipped on the constituencies in question.Sources, however, indicate Tharaka Nithi Senator Mwenda Gataya, Kikuyu MP Kimani Ichung’wah and Meru North MP Rahim Dawood are among those facing removal from office based on Article 104.Legal thresholdHowever, past legal precedence and legal interpretation reveal, turning that right into reality is a different matter altogether.According to the law, a Member of Parliament may be recalled on specific grounds: if they are found to have violated Chapter Six of the Constitution (Leadership and Integrity), if they have been convicted of an offense under the Elections Act after being elected, or if they have been found to have grossly mismanaged public resources or violated the law through due legal process.To initiate a recall, a registered voter from the affected constituency must file a petition and collect signatures from at least 30% of the registered voters, with a minimum of 15% drawn from each of the wards in that constituency.Once the signatures are submitted, the Independent Electoral and Boundaries Commission (IEBC) is required to verify the authenticity and eligibility of the signatories. If the requirements are met, IEBC proceeds to declare seat vacant and organize a by-election.However, the law sets strict timelines: a recall cannot be initiated within the first 24 months (2 years) of the MP’s term or within the last 12 months before the next general election.Legal hurdlesWhile the Elections Act gives effect to Article 104, critics argue that the procedural demands, especially the signature threshold and timing restrictions, place an undue burden on citizens, effectively shielding MPs from accountability through recall.Lawyer and Governance analyst Fanya Mambo Kinuthia, explained that while the Constitution is clear about the power vested in voters, Parliament has failed to implement the provision to facilitate that, leading to legal ambiguities.“But after Article 104 was passed, it sent to Parliament the responsibility of preparing regulations. Parliament was not keen obviously on creating a framework to remove its own members,” Kinuthia stated.According to Kinuthia, while voters are within their rights to initiate a recall process, they face the burden of proving an MP’s non-performance, misconduct, or neglect of duty within a rigid and underdeveloped legal structure.Political risk analyst Dismas Mokua describes the recall mechanism as a constitutional promise undermined by political self-preservation.“In theory, recalling a Member of Parliament in Kenya is a walk in the park. A plain reading of the Constitution and the Elections Act suggests it’s a straightforward right. But it’s nearly impossible,”“MPs were given the blank cheque to craft laws that could recall them. And no politician wants to write their own political obituary,” Mokua stated.Mokua notes that the environment remains hostile for successful recall efforts, despite a now fully constituted IEBC.“The process is deliberately designed to be intimidating, slow, and vulnerable to manipulation. There are no clearly defined grounds in Article 104 for recall only broad categories like violation of the law or failure to perform. That vagueness leaves too much discretion to IEBC and opens the door to political interference,” he stated. Mokua adds that logistical hurdles such as signature collection and verification can discourage even the most determined citizens. Additionally, constitutional timelines severely constrain the electorate’s window for action.“A Member of Parliament cannot be recalled within the first 24 months after election or within the final 12 months before the next general election. This effectively leaves voters with just a limited window of opportunity,” Mokua explains.“By the time people are mobilized and signatures are collected, the window may have closed. It’s a structurally unfair fight.”Past attemptsPast recall efforts illustrate just how elusive this constitutional power remains. In 2014, voters in Kibra attempted to recall then-MP Ken Okoth, while in 2015, Bahati MP Kimani Ngunjiri faced a similar threat.In both cases, efforts collapsed under the weight of technicalities, insufficient signatures, and legal uncertainty. No MP in Kenya has ever been successfully recalled under Article 104, making the current wave of petitions historic in its ambition but also characteristic of a system resistant to citizen-led accountability.