Activist Laban Omusundi’s Petition on Recalling Nominated MCAs Gains Momentum in Senate
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The Senate’s Justice and Legal Affairs Committee has taken a significant step in reviewing a petition filed by Nakuru-based activist Laban Omusundi, which seeks to introduce a legal framework for recalling nominated Members of County Assemblies (MCAs).
The petition, which was submitted last year, has now reached a crucial stage as various stakeholders, including the Law Reform Commission and the Office of the Registrar of Political Parties, presented their submissions before the committee.
The session was chaired by Bomet Senator Hillary Sigei, who is leading the Senate’s efforts in addressing the matter.
Omusundi argues that the current legal framework does not provide a mechanism for the public to hold nominated MCAs accountable, unlike their elected counterparts who can be recalled by voters from their respective wards.
He emphasizes that nominated MCAs, despite enjoying the same privileges as elected members, often escape scrutiny due to the absence of laws allowing their removal from office through a public recall process.
In his petition, Omusundi raises five key concerns regarding the nomination and accountability of MCAs.
First, he points out that while the Constitution and other laws provide clear procedures for recalling elected leaders, there is no such provision for nominated MCAs, creating an imbalance in governance and accountability.
Secondly, he contends that nominated MCAs should not be treated as exceptions in the democratic process.
Since they are appointed to represent specific groups such as youth, persons with disabilities (PWDs), and gender top-up slots, he believes they should be subjected to the same public scrutiny and potential recall when they fail to perform their duties.
Another major issue raised in the petition is the lack of representation in the recall process for the special interest groups that nominated MCAs are supposed to represent.
Omusundi argues that youth should have a say in recalling their nominated youth representatives, just as persons with disabilities should have a mechanism to remove PWD nominees who do not serve their interests.
Additionally, he highlights the flawed nomination process, stating that it is often conducted in secrecy and heavily influenced by political parties rather than public participation.
He asserts that the nomination process should be more transparent, allowing the communities these MCAs represent to have a say in their selection and potential removal.
Lastly, Omusundi criticizes the failure of existing institutions to address these concerns, noting that despite the presence of the Senate and other oversight bodies, no effort has been made to establish a clear legal framework for recalling nominated MCAs.
The activist’s petition urges the Senate to amend the County Government Act 2012 to include provisions that would enable the public to initiate the recall of nominated MCAs.
This, he believes, will promote democracy, accountability, and good governance at the county level.
During the Senate committee session, various legal and political experts weighed in on the matter, with some supporting the need for reforms while others cautioned against potential misuse of recall mechanisms.
The committee, led by Senator Sigei, is expected to analyze the submissions before making recommendations on the way forward.
Speaking after the session, Omusundi expressed optimism that his petition would lead to tangible legislative changes.
He described the moment as a significant achievement in his advocacy journey, noting that it reinforces his reputation as a dedicated activist pushing for governance reforms.
“This is a win for democracy and accountability. If successful, it will give the people the power to recall nominated MCAs who fail to serve their interests. We cannot have leaders who are untouchable simply because they were nominated rather than elected,” he stated.
Omusundi, who has declared his candidacy for Nakuru’s Senate seat in the 2027 elections, has built a strong reputation as a serial petitioner championing public interest issues.
His latest move is likely to generate debate among political leaders, governance experts, and the public, given its potential implications for county assemblies across the country.
The Senate committee will now deliberate on the submissions before making its final recommendations.
If the petition gains further support, it could pave the way for critical legal reforms that redefine the role and accountability of nominated MCAs in Kenya’s devolved system of governance.
With a knack for captivating storytelling, Amos Lumbasi has a talent for crafting narratives that resonate with readers. He combines meticulous research with a captivating writing style to create articles that are both informative and enjoyable to read.
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