Mosop voter moves to court seeking removal of MP Abraham Kirwa over two-year absence

A High Court case has been filed challenging the prolonged absence of Mosop MP Abraham Kirwa, with a voter seeking to have the seat declared vacant.

Timothy Tororey argues that the MP has been away for more than two years, leaving over 100,000 residents without effective representation in the National Assembly.

Tororey claims that Kirwa’s absence has prevented Mosop residents from participating in key legislative and oversight processes.

“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 states.

According to the petitioner, the MP has been abroad for treatment and has not participated in parliamentary activities in person, which he claims has weakened the constituency’s influence on national decisions.

Tororey, representing himself, emphasises that this constitutes a continuous breach of the Constitution and infringes on the political rights of Mosop residents.

“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 petition reads.

He adds that crucial votes on revenue allocation, executive oversight, and legislation have taken place without Mosop’s voice.

In response, National Assembly officials said Kirwa has been participating virtually under the Speaker’s approval.

“He is under treatment overseas. He has the consent of the Speaker to be away and has been participating in Parliament matters virtually,” explained Clerk Sam Njoroge as quoted by The Star.

The July 1, 2025, Hansard confirms that Kirwa voted online during the consideration of the Constitution Amendment Bill, 2025, along with Sabatia MP Clement Sloya and Isiolo North MP Lomwa Samal.

Speaker Moses Wetang’ula had informed the House that the four MPs were “indisposed and have been on rest or recuperation with the consent of the Honourable Speaker and their respective doctors.”

Records further show that Kirwa attended proceedings on March 21, 2024, and visited his constituency in July to address protests over the deteriorating condition of a road. Njoroge also noted that the MP has been participating in committee meetings virtually, as permitted under House standing orders.

Parliament has handled similar cases before. Former Juja MP Francis Waititu, known as Wakapee, was absent for weeks before his death in February 2021, while Turkana Senator James Lomenen also spent extended periods away from the House.

Justice Chacha Mwita has directed that the petition proceed without delay. In orders dated October 27, he instructed that the petition be served on all parties immediately, giving the respondents, Speaker Wetang’ula and Kirwa, 14 days to respond.

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The court is expected to issue further directions on December 1.

Tororey is seeking declarations that Kirwa’s absence is unconstitutional and an order compelling the Speaker to declare the Mosop seat vacant without further delay. He stresses that continued absence denies the constituency its fundamental right to be represented in national affairs.