What are the grounds for recall?

Kenya

Kenya

Answer
Conviction
Source

Laws of Kenya, Constitution 2010 (amendments up to 2019), accessed 22 August 2022

Article 104

 (1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

 (2) Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

Kenya, IEBC, Elections Act 24 of 2011 (Revised Edition 2019), accessed 22 August 2022​ 

Article 45

 (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 ofa 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).

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