Petition to Recall Esther Passaris Submitted to IEBC

A formal petition seeking the recall of Nairobi Woman Representative Esther Muthoni Passaris has been submitted to the Independent Electoral and Boundaries Commission (IEBC). 

The petition, filed by four activists, alleges constitutional violations and a failure to adequately represent the interests of Nairobi residents. The IEBC has confirmed receipt of the petition and is currently assessing its admissibility under Article 104 of the Constitution, which provides the legal framework for recalling elected officials. The timing of the petition falls within the permissible window, as it has been more than two years since Passaris assumed office and it is not within the final year of her term.

The petitioners, Shakira Wafula, Mavin Mabonga, Dominic Omondi, and Sichei Soet, claim Passaris has failed to uphold her mandate, particularly concerning the representation of Nairobi's women. The petition accuses her of aligning with the Kenya Kwanza administration on contentious legislative matters. These matters include a proposed bill that would require demonstrators to seek prior authorisation from authorities, legislation criticised as undermining the constitutional right to peaceful assembly and protest.

Critics have argued that such legislation could stifle dissent, especially within the current political climate. The petition further highlights Passaris's perceived silence during recent anti-government demonstrations that were met with police crackdowns. The petitioners assert that Passaris, whose office is tasked with amplifying women's voices, did not offer sufficient leadership or support to female residents of Nairobi during this turbulent time, especially concerning reported cases of sexual violence.

The petition also raises concerns regarding financial transparency and accountability in the management of the National Government Affirmative Action Fund (NGAAF), which is allocated to the Woman Representative's office for community development initiatives. The activists allege that Passaris has resisted calls to publish audited reports or disclose how the funds have been utilised, leading to suspicions of mismanagement and potential misuse of public resources.

Additionally, the petition accuses Passaris of disseminating misleading information in public forums and misrepresenting her legislative contributions. The petitioners contend that such actions erode public trust and distort the democratic process.

Lead petitioner Shakira Wafula has expressed confidence in the public's desire for accountability, saying, "I'm very confident that when we start collecting signatures, it will be possible to get more than one million."

Should the IEBC validate the petition, the next phase will require the collection of at least 750,000 valid signatures, representing 30 percent of Nairobi’s 2.5 million registered voters. These signatures must also include support from at least 15 percent of voters in half of Nairobi’s wards. The IEBC will then have 30 days to verify the signatures.

If the signature verification is successful, the Commission must notify the Speaker of the National Assembly, who is then obligated to call a recall election within 90 days. For the recall to proceed, at least half of Nairobi’s registered voters must participate in the election, with a majority voting in favour of removal.