A growing number of parliamentary seats remain unfilled months after they fell vacant, raising constitutional concerns about representation and the delay in conducting by-elections.
The constituencies of Banisa, Magarini, Mbeere North, Ugunja, Malava, and Kasipul are still without elected Members of Parliament, despite the Constitution mandating that by-elections be held promptly to fill vacant seats. In addition, Baringo County has gone for months without a senator, leaving the region without representation in the Senate.
In Banisa, the seat became vacant following the death of MP Kullow Maalim Hassan on March 25, 2023. The second-term legislator passed away while receiving treatment at Aga Khan University Hospital in Nairobi. He had been admitted to the ICU after sustaining critical injuries in a hit-and-run motorcycle accident near Capital Centre in South B.
Meanwhile, the Magarini parliamentary seat was declared vacant on March 3, 2023, after the High Court, under Judge Alfred Mabeya, nullified the results of the 2022 General Election. The court cited serious electoral irregularities, including ballot stuffing, which it determined compromised the integrity of the outcome.
The prolonged vacancy of these seats has drawn criticism from civil society and governance experts, who argue that constituents are being denied their constitutional right to representation.
