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Ask the Constitution

Can voters remove (recall) their MP before the term ends?

It depends

Voters have a right of recall, but an Act of Parliament sets the grounds and procedure.

Article 104 gives the electorate the right to recall the member of Parliament representing their constituency before the end of the term. It requires Parliament to enact legislation setting out the grounds for recall and the procedure to be followed, so the details are in that law.

“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.”

Article 104: Right of recall

Read the Articles

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It dependsCan the President dissolve Parliament?Only in one situation: when Parliament fails to pass required laws after a court order, and the Chief Justice advises dissolution.NoCan a President serve more than two terms?No. A person shall not hold office as President for more than two terms.YesCan a President be removed from office?Yes, through impeachment by Parliament or on grounds of physical or mental incapacity.NoCan a sitting President be charged with a crime in a Kenyan court?No, not during their tenure, except for crimes under a treaty Kenya has joined that prohibits such immunity.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.