The practicality of the right to recall legislators in Kenya
by admin on | 2024-07-04 11:10:53
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Contact your MP to voice your concerns, and if they do not respond, consider recalling them. MPs are elected to represent our views in parliament. However, Kiambaa MP John Njuguna Wanjiku claimed his duty is to support the President\'s agenda, not necessarily his constituents\' wishes. This stance undermines the separation of powers doctrine, which is crucial for balanced governance. The controversial Finance Bill has sparked widespread opposition among Kenyans, raising doubts about whether MPs will reflect their constituents\' wishes or follow the executive\'s directive. Montesquieu, a famous French Jurist, in enhancing the concept of the \"separation of powers\" encompasses three core ideas:1 first, the distinct separation of personnel among the branches of government, such that individuals should not serve in more than one branch simultaneously. Second, each governmental branch should operate independently without undue influence or control from the others, ensuring, for instance, that the judiciary remains free from executive interference. Third, the functions of each branch should be clearly demarcated, preventing any one branch from assuming the roles of another. Kiambaa MP John Njuguna Wanjiku’s actions blur the separation of powers, and if he fails to represent his constituents, he should step down or be held accountable by voters. This is what can be termed as true democracy and the Constitution of Kenya provides that Kenyans can do this through a recall process. What then is democracy? Democracy is one of the basic hallmarks of the Constitution of Kenya.3 The people may exercise their sovereign power either directly or through their democratically elected representatives.4 Kenyans delegated their sovereign power to the parliament and the legislative assemblies in the county governments which are required to perform their functions in accordance with the Constitution.5 Sovereignty of the people comprises three elements; the power to constitute a frame of government, the power to choose those to run the government and the powers involved in governing.6 Kenyans have exercised this sovereignty and they should be able to hold accountable any leader that betrays their sovereign power. One of the ways in which Kenyans exercise their sovereign power is by recalling non- performing members of parliament.
