Petition to Recall Nairobi Woman Rep Esther Passaris Filed Over Alleged Breach of Public Trust
A formal petition has been filed seeking the recall of Nairobi Woman Representative Esther Muthoni Passaris over allegations of poor leadership, political bias, and failure to represent the interests of Nairobi residents.
The petition, signed by Abdi Yussuf, a Nairobi voter, accuses Passaris of abandoning her constitutional responsibilities, citing ineffective representation, misuse of office for partisan politics, and breach of public trust.
Yussuf, who leads the petition, has called on the Independent Electoral and Boundaries Commission (IEBC) to acknowledge the petition, facilitate the required procedures, and act on what he terms as a growing public demand for leadership accountability and integrity.
“This petition is made in good faith, grounded in law, and driven by the collective will to restore integrity, accountability, and servant leadership in Nairobi County,” Yussuf said.
Among the accusations leveled against Passaris is her alleged disconnection from grassroots issues, with the petitioner claiming she has shown limited participation in parliamentary debates and made minimal impact on matters affecting women, youth, and public health in the county.
The petition further claims that the MP sponsored legislation perceived to restrict Kenyans’ constitutional right to peaceful protest under Article 37, and accuses her of maintaining silence during cases of police brutality and extrajudicial killings, especially during the 2024 youth-led demonstrations.
The office of the Woman Representative, meant to serve constituents in a non-partisan manner, is said to have been politically compromised, with Passaris allegedly prioritizing loyalty to political allies over her mandate to the public, thereby undermining public confidence.
Legal and Constitutional Backing
The petition is anchored in several provisions of the Constitution of Kenya and related laws:
- Article 104 of the Constitution allows voters to recall a Member of Parliament on grounds of gross misconduct, violation of Chapter Six on Leadership and Integrity, or physical/mental incapacity.
- The Elections Act (2011), Sections 45–48, outlines the recall process, including:
- Collection of signatures from at least 30 per cent of registered voters in the affected area,
- Support from at least 15 per cent of voters in each ward,
- Verification and approval by the IEBC before a recall election can take place.
- The Leadership and Integrity Act (2012) further requires public officers to demonstrate accountability, honesty, and a commitment to public service, while avoiding conduct that erodes public trust.
- Article 73(1) of the Constitution emphasizes that authority is a public trust and must be exercised in a manner that promotes honour, integrity, and public confidence.
- Article 10 lists Kenya’s national values and principles of governance—including participation of the people, inclusiveness, transparency, and accountability—which the petition claims Passaris has failed to uphold.
As of now, the IEBC has not issued an official statement on the petition. However, if the outlined conditions are met, the process could set the stage for a potential recall election.
