The High Court of Tanzania has given Mosop Member of Parliament Abraham Kirwa and the Speaker of the National Assembly another chance to defend themselves in a case that could potentially lead to Kirwa's seat being declared vacant. This follows a petition by Timothy Tororey, a registered voter and resident of Mosop Constituency, who claims that Kirwa's prolonged absence from Parliament has denied residents effective representation. Justice Roselyne Aburili allowed Kirwa and the Speaker to reopen proceedings and respond to the petition.
According to the petitioner, Kirwa has been absent from Parliament for over two years, missing parliamentary sittings and official business. Tororey argues that this absence has denied residents the opportunity to be represented in parliamentary debates, voting, oversight, and decisions on national resource allocation. He also claims that the Speaker has failed to take action despite the constitutional requirement that a parliamentary seat becomes vacant when a member misses eight consecutive sittings without permission.
The Speaker, through National Assembly Clerk Samuel Njoroge, has argued that Kirwa's absence was authorized on medical grounds. Njoroge stated that Kirwa had submitted formal written requests and obtained permission from the Speaker under the National Assembly's Standing Order 257A to be away for treatment. The Speaker also attributed the delay in responding to the petition to administrative challenges following the departure of a senior legal counsel.
Kirwa separately told the court that he had traveled outside the country to seek medical attention with the Speaker's permission. He also claimed that he had never been served with the petition and only learned about it through the National Assembly. Kirwa argued that proceeding to judgment without hearing him would violate his constitutional right to a fair hearing, particularly since the case could lead to the loss of his elected seat.
Justice Aburili directed Kirwa and the Speaker to file their responses and written submissions within five days from November 2, 2026. Tororey was also given five days after service to file further affidavits and submissions. The judge emphasized that the consequences of the petition were too significant for the court to proceed without hearing those directly affected.
The judge acknowledged that reopening a case after it had been heard and judgment reserved should not be done casually. However, she said that the explanations given by the Speaker and Kirwa went beyond an attempt to delay the proceedings. Justice Aburili added that the court had not yet reached a stage where it had lost the authority to reopen the proceedings.
The case will continue on November 17, 2026, with the court yet to determine whether Kirwa should lose his parliamentary seat. The petition has raised questions about the representation of Mosop residents and the procedures followed by the National Assembly in dealing with a member's absence.
Key points
- The High Court has granted Mosop MP Abraham Kirwa and the Speaker of the National Assembly five days to respond to a petition seeking to have Kirwa's seat declared vacant.
- Kirwa's prolonged absence from Parliament has denied residents effective representation, according to petitioner Timothy Tororey.
- The court will continue with the case on November 17, 2026, to determine whether Kirwa should lose his parliamentary seat.
