Article 104. Right of recall
Official Constitutional Text
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.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 104 of the Kenyan Constitution grants voters the democratic right to recall and remove their elected Member of Parliament or Senator before their official five-year term ends. It applies to all directly elected constituency MPs, county women representatives, and county senators. The article mandates that Parliament pass specific laws to outline the exact legal grounds, requirements, and step-by-step procedures that citizens must follow to initiate and execute a recall process against an underperforming or unethical representative.