A voter from Mosop Constituency has moved to court seeking orders to compel the Speaker of the National Assembly , to declare the Mosop parliamentary seat currently held by Abraham Kirwa vacant.
In a certificate of urgency filed in Milimani law courts, Timothy Tororey a resident and registered voter of Mosop, wants the application certified urgent and heard ex -parte in the first instance.
“That the petition be fast-tracked and given priority hearing owing to its grave constitutional and public importance,” the application reads in part.
Tororey argues that the petition raises urgent and weighty constitutional questions concerning the right of the people of Mosop Constituency to representation,as guaranteed under Articles 38, 95, and 97of the Constitution.
He claims that the continued absence of Hon. Kirwa from Parliament for over two years has left Mosop Constituency unrepresented, resulting in “ongoing and irreparable violation of the people’s political rights” and their exclusion from key legislative and budgetary processes.
According to the petition, every day the Speaker fails to declare the seat vacant “denies the residents their constitutional right to participate in parliamentary processes,” causing continuing constitutional injury.
Tororey further contends that the case raises questions of grave public importance,particularly concerning the Speaker’s constitutional duty under Article 103(5)and the limits of discretion in allowing a Member of Parliament to remain absent for an extended period.
The petition seeks the court’s interpretation of Articles 10, 38, 73, 75, 95, 97, and 103 of the Constitution and a determination on the constitutional threshold for loss of a parliamentary seat due to incapacity or failure to perform representation duties.
“Fast-tracking this matter serves the ends of justice, public interest, and constitutional accountability by ensuring that the people of Mosop Constituency are not denied representation any longer than is absolutely necessary,” the suit reads.
Tororey argues that Article 103(5)gives the Speaker a declaratory and ministerial role not a discretionary one once disqualifying facts are established. He maintains that the Speaker’s duty is to enforce constitutional safeguards, not to allow indefinite absence.
He further cites Article 259,which requires courts to interpret the Constitution in a manner that promotes its purposes and values, insisting that the court must construe Article 103 in a way that protects, rather than undermines, representation.
The petitioner adds that Article 165(3)(d) grants the High Court the authority to uphold the Constitution and supervise compliance by all branches of government.
Tororey claims that the Speaker’s failure or omissionto declare the Mosop seat vacant amounts to a breach of the Constitution,interfering with Articles 1, 10, 38, 95, 97, 103, and 221 and therefore calls for judicial intervention through declarations and an order of mandamus.
