Despite the Kenyan Constitution granting citizens the right to recall their Members of Parliament, the process is virtually impossible due to a legal vacuum and a 2017 High Court ruling that found previous recall legislation unconstitutional. This issue gained prominence after public anger following the passing of the Finance Bill 2024.

• The High Court in 2017 declared recall provisions in the Elections Act of 2011 and County Governments Act "meaningless and superfluous."
• The Independent Electoral and Boundaries Commission (IEBC) cannot process recall petitions due to a lack of "enabling legislation."
• Article 104 of the Constitution mandates Parliament to enact legislation for MP recalls, a task yet to be completed years after the court ruling.