The Senate should initiate amendments to the County Governments Act, 2012 to provide for the recall of nominated Members of County Assemblies (MCAs) clearly outlining grounds for recall, the procedure and the entities responsible for overseeing the process.

This has been proposed in a public petition to the Senate by a Nakuru resident Laban Omusundi, who noted that while there are laws and frameworks for recalling, impeachin or removing elected political leaders from office, these provisions do not extend to nominated MCAs.

Senate Justice and Legal Affairs Committee chairperson Hillary Sigei, while tabling a report before the House, said that although elected MCAs can be recalled by their constituents, there is currently no mechanism for the youth or persons with disabilities to recall nominated members.

“Alternatively, we recommend amending Section 9 of the Political Parties Act and the Second Schedule to expand the content of party constitutions to allow party members, on specific grounds, including failure by a nominated MCA to represent a particular interest, to recall such members,” said Sigei.

He urged the House to consider enacting relevant legislation to establish a participatory and transparent mechanism that would enable the public, including the youth and persons with disabilities, to initiate recall proceedings against nominated MCAs where there is sufficient cause.

Sigei added that the Committee was proposing that any such legislation should include clear guidelines for public petitions, threshold requirements and timelines to ensure due process while guarding against frivolous claims.

The Senator also asked the House to recommend that the committee conduct a comprehensive review of the code of conduct and ethical obligations for all MCAs, with specific provisions for nominated members.

Sigei urged the House to let the Senate Justice Committee visit counties, engage stakeholders and refine Omusundi’s petition.