The High Court has revoked sections of the law that had insulated misbehaving members of parliament and county assembly against impeachment.
Legislators had shielded themselves from being recalled by putting in place stringent and unnecessary requirements, making the process complex and tedious.
The petitioner was for instance required to be a registered voter before initiating the process, he/she was also required to secure the support of at least 50% of the registered voters.
In addition, the provision also required that the petitioner had to get the court's clearance before proceeding to gather signatures.
The court has now revoked those stringent clauses giving the electorate ample time to fire non-performing legislators.
In a unanimous decision, High Court judges Kanyi Kimondo, George Odunga, and Chacha Mwita agreed with the petitioner, Katiba Institute, that the sections of the law that shielded legislators from removal were unconstitutional.
The three judges declared that sections 45(2)(3)and (6), 46(1)(b)(ii) and (c) and 48 of the Elections Act and sections 27(2)(3) and (6) and 28(1)(b)(ii) and (c) of the County Governments Act are meaningless and superfluous.
Section 45(2) spelled out that an MP would only be removed if found to have violated the provisions of Chapter Six of the Constitution or is found to have mismanaged public resources. The same section dictated that one had to go through the court and have a judgment.
Section 46, on the other hand, limited the process to only a person who was registered to vote in the election in respect to the area represented by the MP or MCA.
Section 48 dictated that a recall is valid if the number of voters who concur in the recall election is at least 50 percent of the total number of registered voters in the affected county or constituency.
The three-judge bench found that the sections were against the Constitution and violated the rights of the electorate.
This judgment, therefore, means that any person, who resides within the area represented by the MP or MCA who is supposed to be ousted, can collect signatures and initiate the removal process.