Kenyan constituencies without MPs

By Peter Ochieng

Residents of three constituencies in Kenya have been without Members of Parliament (MPs) for a very long spell, leaving them with no room for representation, oversight and legislation – the three major roles of an MP.

According to Section 103 of the constitution, the office of a member of Parliament becomes vacant for various reasons.

They are; if the member dies, if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee, if the member is otherwise removed from office under the Constitution or legislation enacted under Article 80 or if the member resigns from Parliament in writing to the Speaker.

Additionally, the MPs seat falls vacant if as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2), as an independent candidate, the member joins a political party, at the end of the term of the relevant House or if the member becomes disqualified for election to Parliament under Article 99 (2) (d) to (h).

We take a look at the three constituencies without MPs, and the reason behind it:

1. Banisa

Residents of Banisa in Mandera County have been without an MP for two years now.

Their former MP, Kullow Maalim Hassan died in March 2023, after being hit by a boda boda rider in South C, Nairobi.

Eldas MP Adan Keynan, was among the first legislatures to share his condolence messages, describing Kullow as a devoted public servant who discharged his duties with honour.

“I share my deepest condolences with the family, friends and people of Banisa following this unfortunate loss and pray that Allah (SWT) will grant them sabr and comfort during this lowest moment. May Allah grant his soul Jannatul Firdaws. Amiin Amiin,” he wrote.

Hassan had been elected for a second term during the August 2022 polls.

2. Magarini

Residents of Magarini constituency in Kilifi County have no representation in Parliament, after the Supreme Court nullified the election of Harrison Kombe on May 31, 2024.

Justices Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim in their ruling stated that Kombe who ran on the ODM ticket, engaged in ballot stuffing and altering of election results.

The Court of Appeal had initially nullified his election, before Kombe moved to the Supreme Court.

"For this reason, we find no merit in the appeal. It is hereby dismissed and for the avoidance of doubt, we affirm the judgment of the Court of Appeal, together with the directions on the declaration of the seat of the Member of the National Assembly for Magarini Constituency vacant and the direction to the 2nd respondent to conduct a by-election for Member of the National Assembly for Magarini Constituency in accordance with the law," ruled the judges.

They subsequently ordered a fresh parliamentary election in Magarini.

3. Ugunja

Another ODM stronghold without an MP.

The Ugunja seat fell vacant after then MP, James Opiyo Wandayi was appointed Cabinet Secretary for Energy and Petroleum in August 2024.

Section 101 stipulates that a by-election has to be conducted within 90 days, upon a vacancy appearing in the office of an MP.

By-elections failed to occur in the three constituencies within 90 days due to lack of Independent Electoral and Boundaries Commission (IEBC) commissioners.

The process of recruiting new commissioners is on course.