[wanabidii] Recall Mps Under Article 104 - But waht grounds can count Now!

THE RECALL CLAUSE UNDER THE CONSTITUTION OF KENYA ;- 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. Article 97 and 98 is about the composition of Parliament and the senate respectively.

A Legislation (Act of parliament) is yet to be enacted to spell grounds for petitioning for recalling and procedures thereto - as of now,there is none.However,the constitution has a provision for its enforcement if there is apparent failure by a particular institution to perform its duty.

ENFORCEMENT OF THE CONSTITUTION OF KENYA ;- Article 258.

(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.

(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by:
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members.

What are the possible grounds will you like to make a legislation to recall Mps well known Migs!

Evans MACHERA