Right to recall and the Determination of questions of membership

In Kenya, the right to recall a member of Parliament is enshrined in the constitution. According to Article 104 of the Kenyan Constitution, the electorate has the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament. The grounds for recall are specified in the constitution and include the following:

• Violation of the provisions of Chapter Six of the Constitution
• Mismanagement of public resources
• Conviction of an offence under the law

The process for initiating a recall is also outlined, stating that a recall of a member of Parliament shall only be initiated upon a judgment or finding by the High Court confirming the specified grounds

It is important to note that the right of recall in Kenya is a significant aspect of the country's democratic process, allowing the electorate to hold their representatives accountable. However, it is also noted that the right of recall in Kenya has been described as "moribund," indicating that it may not have been effectively utilized or implemented.

?Now according to Article 105 of the Kenyan Constitution, the High Court is responsible for determining whether a person has been elected as a member of Parliament or if a seat has become vacant. The court must hear and decide on such questions within six months of the petition's filing. Parliament must pass laws to fully implement this article.?