A Kenyan court has given Mosop Member of Parliament Abraham Kirwa five days to explain why he has not attended parliamentary sessions for over two years. The case, filed by Timothy Tororey, a resident and aspirant of Mosop, seeks to have Kirwa's seat declared vacant. Judge Roselyne Aburili of the High Court allowed Kirwa and the Speaker of the National Assembly to respond to Tororey's claims that the constituents of Mosop have been denied adequate representation.
According to Tororey, Kirwa has been outside the country for a long time, missing parliamentary sessions and official activities. This, Tororey claims, has denied the residents of Mosop a chance to be represented in debates, voting, and decisions on the use of national resources. Tororey also accuses the Speaker of failing to take action, citing that the law allows for a member's seat to be declared vacant if they miss eight consecutive sessions without permission.
However, the Clerk of the National Assembly, Samuel Njoroge, stated that Kirwa had obtained permission to attend to health issues and seek medical treatment abroad. Kirwa also claimed that he was traveling for medical treatment with the Speaker's approval. He stated that he was not formally notified of the case but learned about it through the Assembly.
The court has allowed Kirwa and the Speaker to file their responses and submissions within five days from November 2, 2026. Tororey will also have five days to file additional evidence and submissions after receiving Kirwa's responses. Judge Aburili noted that the matter could affect Kirwa's term as a member of parliament and that it was essential to hear the case before making a final decision.
The case has significant implications for Kirwa's future as a member of parliament. If the court rules in favor of Tororey, Kirwa's seat could be declared vacant, leading to a by-election in the Mosop constituency. The court's decision will also set a precedent for similar cases in the future.
Kirwa's absence from parliamentary sessions has raised concerns about his commitment to representing his constituents. The court's order for him to explain his absence within five days has put him under pressure to provide a convincing justification for his actions. The Speaker of the National Assembly will also have to respond to allegations of failing to take action against Kirwa's absence.
The case will continue on November 7, 2026, when Kirwa and the Speaker will have to present their responses to the court. The outcome of the case will have far-reaching consequences for Kirwa, the constituents of Mosop, and the National Assembly as a whole. The court's decision will determine whether Kirwa's seat will be declared vacant and whether he will continue to represent the people of Mosop.
Key points
- The court has given Kirwa five days to explain his absence from parliamentary sessions.
- Tororey claims Kirwa's absence has denied the residents of Mosop adequate representation.
- The case could lead to a by-election in the Mosop constituency if Kirwa's seat is declared vacant.
