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Former President of Law Society of Kenya (LSK) Nelson Havi.PHOTO/@NelsonHavi/X

Prominent lawyer and former Law Society of Kenya (LSK) President Nelson Havi has publicly called for the activation of the recall clause in the Constitution to address what he terms a growing crisis of non-performance in Parliament.

His remarks add to growing pressure on legislators to account for their performance or face constitutional consequences.

In an interview on a local TV station on Monday, July 21, 2025, Havi expressed concern over the dismal output of some Members of Parliament and called on the Independent Electoral and Boundaries Commission (IEBC) and the public to revive the constitutional right of recall.

“This process must be undertaken. The number of Kenyans who have attained the age of majority since the last liberal election is close to 30 million. That is a very big number of people who ought to be in the voter register,” he said.

Havi emphasised that failure by Parliament to enact laws that streamline the recall process has stifled voters’ rights.

“The Constitution provides for that right of recall. It is Parliament that was supposed to pass an Act to enact it. But if I recall correctly, there was a challenge that the High Court found to be unconstitutional,” he noted.

Despite this legal bottleneck, Havi believes the recall clause was inserted for a critical reason.

“You’ve seen many constituencies where the electorate has expressed genuine dissatisfaction in the manner in which their representatives have acted,” he stated.

“As soon as this regime came to power, several MPs defected from their parties and joined the Kenya Kwanza coalition. This negates the essence of a constitutional democracy and a multi-party system.”

Havi was particularly critical of MPs who are active in public rallies but silent in Parliament.

“We know of certain members who appear very proficient outside there but never say anything in the National Assembly. What is their business? I think they ought to be recalled.”

However, Havi also acknowledged the hurdles in the recall process.

“It’s punctuated with a lot of doubts, the requirement for a court judgment, the signature collection—it’s a laborious process. Parliament failed to put in place proper legislation to actualise this constitutional provision.”

Havi called for immediate voter registration and the fast-tracking of pending by-elections. “The most important thing for now is to register voters and to undertake these by-elections,” he said.

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