A three-judge bench comprising of justices Kanyi Kimondo, George Odunga and Enoch Chacha Mwita made the ruling on Tuesday.
According to the lobbies, the limitation period for recalling elected leaders is too short and narrow.
A law on recalling elected leaders is meaningless, discriminatory and unconstitutional and lacks clarity on the set constitutional standards, the High Court has ruled.
A three-judge bench comprising justices Kanyi Kimondo, George Odunga and Enoch Chacha Mwita made the ruling on Tuesday.
The justices declared that sections of the Elections Act and the County Government Act are meaningless and superfluous.
The decision was reached in a case where two lobbies had last year sued the Attorney-General and Parliament for failing to make proper legislation on the matter.
Timelines
Sections of the law that have been declared unconstitutional require that a leader can be recalled if one has abused a State or public office and that the recalling can only be done after one has been in office for 24 months after being elected.
The disputed law also stipulates that one cannot be recalled 12 months preceding a next General Election and that such a motion cannot be filed against a member of Parliament or member of the county assembly more than once during a term.
According to the lobbies, the limitation period for recalling elected leaders is too short and narrow.
Section 45(2)(3) and (6), 46(1)(b) (ii) and (c) and 48 of the Elections Act as well as sections 27(2)(3) and (6) and 28(1)(b)(ii) and (c) of the County Governments Act were declared unconstitutional.
The lobbies are the Katiba Institute and the Transform Empowerment for Action Initiative (TEAM).
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