In March 2016, Katiba Institute and TEAM (Transform Empowerment for Action Initiative) a Kisumu based Community Organisation went to the High Court to have certain section of the Elections Act and the County Governments Act declared to be against the letter and the spirit of the Constitution. These was petition Number 9 of 2016.

The provisions in question touched on the Right of Voters to recall their representatives, that is, their members of Parliament and Members of the County Assembly.

Please find that Judgment here for your reading