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Nairobi Woman Representative Esther Passaris has vigorously rejected a recall petition filed against her, centered around her Public Order (Amendment) Bill.
Nairobi, July 29, 2025 — Nairobi Woman Representative Esther Passaris has vigorously rejected a recall petition filed against her, centered around her Public Order (Amendment) Bill. In a statement on July 29, she challenged the activists to offer constructive solutions rather than seek to dismantle her political work.
Submitted on July 28, 2025, by a group of Nairobi youth led by Shakira Wafula and supported by Mavin Mabonga, Dominic Omondi, and Cich Soet, the petition cites:
Violations of multiple articles of the Constitution—including Articles 10, 35, 37, 73, 75, 95, and 232.
Accusations of abuse of office, neglect of duty, breaches of public trust, and failure to represent Nairobi women, particularly following protest-related police crackdowns.
Lack of financial transparency in the utilization of the National Government Affirmative Action Fund (NGAAF).
Alleged spreading of misinformation and aligning with executive overreach.
In defending the controversial Public Order (Amendment) Bill—seen by critics as curtailing protest rights—Passaris framed it as a necessary piece of legislation aimed at maintaining public order and protecting lives. “Leadership is not about tearing others down but building a better future,” she emphasized.
While the petition was formally accepted by the IEBC, a significant legal barrier remains: a 2017 High Court ruling deemed sections of the Elections Act governing MP recalls unconstitutional, creating a legislative void. As a result, the IEBC has stated it cannot process recall petitions for MPs—including Passaris—for the foreseeable future.
Issue |
Insight |
---|---|
Historical Precedent |
This stands as possibly the first serious recall effort against a sitting MP in Kenya. |
Constitution vs. Legislation |
Highlights the strain between constitutional provisions and absent implementing laws. |
Protest vs. Order |
Sparks debate on balancing civil liberties with public safety in policymaking. |
Civic Trust |
Amplifies concerns about transparency, leadership, and the evolving role of citizen oversight. |
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