Legal battle erupts over Mosop MP's prolonged absence

A citizen has filed a case in the High Court seeking to compel the National Assembly Speaker, Moses Wetang'ula, to declare the Mosop MP seat vacant.

The petitioner, Timothy Tororey, argues that the current Member of Parliament, Abraham Kirwa, has been absent for over two years.

This prolonged absence, he states, has effectively left over 100,000 constituents without a representative in the National Assembly.

In his petition, Tororey contends that this situation has denied the people of Mosop their fundamental constitutional right to representation.

He avers that the constituency has been excluded from crucial national processes, including legislation and oversight, due to the MP's failure to participate in parliamentary business.

In his supporting affidavit, Tororey states, “The member, Abraham Kirwa, has been continuously absent from the sittings and official business of the National Assembly for a prolonged period now exceeding two years".

He further avers that during this period, the MP has been resident abroad and has not participated in any parliamentary duties, leading to severe consequences for the constituency.

“Consequently, Mosop constituency has been rendered voiceless and unrepresented in the National Assembly—the very institution constitutionally mandated to articulate and safeguard the interests of every constituency,” the affidavit reads.

Contacted for comment on the MP’s situation, Parliament leadership told the Star that the lawmaker has been unwell and is hospitalised abroad.

“He is under treatment overseas. He has the consent of the speaker to be away and has been participating in Parliament matters virtually,” Clerk of the National Assembly Sam Njoroge said.

The July 1, Hansard also shows that the MP voted virtually during the consideration of the Constitution Amendment Bill, 2025, which seeks to anchor the NG-CDF into law.

He voted virtually alongside Sabatia MP Clement Sloya and Isiolo North’s Lomwa Samal.

“Our records indicate that the four honourable members have been indisposed and have been on rest or recuperation with the consent of the Honourable Speaker and their respective doctors,” Wetang'ula communicated to the House at that time.

The members voted in both the second and third reading stages of the bill, the first to be passed with a two-thirds majority of 233 members.

The Hansard shows that the MP participated in the proceedings of March 21, 2024 and was also in his constituency later in July to quell a protest that ensued over a bad road.

Njoroge said the member has also been actively participating in committee meetings in the virtual space, as provided for in the House’s standing orders.

“No MP wants to be away for no good reason. We will respond to the petition appropriately. It is also not the first time we have had such a case as a House,” he said.

Several MPs were absent in the term of the last parliament, among them the current Turkana Senator James Lomenen.

The same was the case of the late Juja MP Francis Waititu, who was popularly known as Wakapee, who stayed away for weeks before his demise in February 2021.

Tororey, who is acting in person, however, contends that this situation constitutes a continuous violation of the constitution.

He argues that it is specifically infringing on the political rights of Mosop residents to representation, legislation, and oversight.

“National legislative, budgetary, and oversight processes continue daily in the National Assembly without Mosop’s participation, resulting in irreparable democratic injury to the constituency and a continuing breach of the constitution,” the petitioner avers.

“Parliamentary decisions affecting national revenue allocation, oversight of the executive and passage of legislation have occurred without Mosop’s voice or vote. The people have been rendered invisible in the national legislative process.”

Justice Chacha Mwita, upon reviewing the application, issued directions so that the case proceeds without unnecessary delay.

In his orders dated October 27, Mwita directed that the pleadings be served on all parties immediately.

He gave the respondents, the Speaker of the National Assembly and Kirwa, “14 days after service to file and serve responses to the petition”.

The court is set to give further directions on the hearing of the main petition on December 1.

In his petition, Tororey is seeking several reliefs from the court, primarily a declaration that the prolonged absence of Kirwa is unconstitutional.

He also wants orders granted to compel the Speaker to declare the seat vacant ‘forthwith’.

INSTANT ANALYSIS

The outcome of the case is poised to set a precedent on the limits of a Member of Parliament's absence and the Speaker's role in safeguarding the representative rights of a constituency. For the people of Mosop, the court process offers a potential pathway to ending what the petitioner describes as a state of being “political orphans” in the national legislative landscape.