Timothy Tororey told the court the MP's prolonged absence has reduced constituents to political orphans./FILE
A voter from Mosop constituency has petitioned the High Court to declare the parliamentary seat for the area vacant, citing the prolonged absence of its Member of Parliament, Abraham Kirwa.
In the petition filed at the Milimani Constitutional and Human Rights Division on October 27, Timothy Tororey invoked several articles of the constitution, arguing that the people of Mosop have been deprived of their constitutional right to representation for over two years.
Tororey said the legislator has been “resident abroad and indisposed for a continuous period exceeding two years,” during which the constituency “has had no effective voice or presence in the National Assembly.”
“The people of Mosop have been silenced in the House that is constitutionally mandated to represent them,” he states in his petition.
As a result, he adds, national legislative, budgetary and oversight processes continue “without Mosop’s participation, resulting in irreparable democratic injury.”
The petitioner accused the Speaker of the National Assembly of violating the constitution by failing to declare the seat vacant under Article 103(1)(b)–(c).
The piece of legislation provides that a member’s seat becomes vacant if the legislator is absent from eight consecutive sittings of a session without permission in writing from the speaker.
He contends that this provision was intended to safeguard representation, not to license indefinite absence under the guise of permission.
“The speaker’s omission has effectively denied the people of Mosop their constitutional right to representation and participation in the legislative process,” he said.
He told the court that the speaker's inaction “has reduced the people of Mosop to political orphans — unrepresented, unheard and unseen in the national forum where their interests ought to be articulated.”
Tororey noted that the speaker’s constitutional role under Article 103(5) is declaratory and ministerial once the disqualifying facts are established.
“The speaker’s function is to give effect to the constitutional safeguard, not to convert permission into a licence for indefinite absence,” he argued.
He further cited Articles 38, 95, and 97 as guaranteeing citizens’ political rights to representation, participation in governance and influence in national budgetary and oversight processes.
Prolonged absence of a member, he said, “denies that participation” and offends Article 10 values of inclusiveness and accountability.
Tororey wants the court to declare that Kirwa’s prolonged absence constitutes a violation of Articles 1, 10, 38, 95, 97, and 103 of the constitution.
He also wants the court to issue an order compelling the speaker to declare the Mosop constituency seat vacant to pave the way for a by-election.
When the matter came before Justice Chacha Mwita on Tuesday, he ruled that the application was not urgent and directed the petitioner to serve the pleadings on all parties immediately, with the respondents given 14 days to file and serve their responses.
The judge said Tororey will then have 14 days to file a supplementary affidavit and written submissions, followed by 14 days for the respondents to file theirs.
"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," the judge warned.
Justice Mwita set December 1, 2025, for the issuance of further directions in the matter.
