The High Court in Nairobi has upheld the decision of the Senate to suspend nominated Senator Gloria Orwoba for one session.
In the ruling, Justice Lawrence Mugambi agreed with the Senate’s decision to discipline Orwoba for misconduct.
Mugambi said the Court could not overlook Orwoba’s confirmation that she was not recognizing the jurisdiction of the Senate in inquiring into her conduct.
Therefore, the Court said Orwoba declared that she was not going to participate in the Senate’s Power and Privileges Committee inquiry process.
“That to me is the bottom line and not that the Senate had refused to give her the material she needed to take part in the inquiry. When she appeared on 7th and 9th that is the position she took and walked out on the Senate,” Mugambi said.
“Having taken this very firm stance of not participating in the proceedings that were being conducted by the Senate, why would the Applicant/Petitioner turn around and accuse the Senate of denying her the opportunity to defend herself in proceedings which she explicitly stated she could not take part in?”
He ruled that the Senator was provided with the opportunity to appear and state her case, presumably, even raising all the manner of preliminary issues before the Senate.
However, Mugambi said Orwoba opted not to participate and walked out on the Senate.
“Having voluntarily refused to participate, I find that there was no infringement of right to fair administrative action or the right to fair hearing in the circumstances of this case. I thus dismiss this Petition/Judicial Review Application with costs to the Respondents,” he ruled.
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Senate Suspends Gloria Orwoba
The Senate’s Power and Privileges Committee recommended suspending Orwoba in a report tabled on Wednesday, September 20.
Senators voted to suspend her for six months after the committee presented two charges against her.
The first charge accused Orwoba of making unverified claims about the solicitation of sexual favors occurring within Parliament premises.
The second charge alleged she disrespected fellow senators by publishing information that was disrespectful and imputing improper motives on her colleagues.
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What the Ruling Means
However, the High Court in Machakos temporarily suspended the Senate’s decision on September 29, pending a hearing and determination of Orwoba’s application.
Mugambi’s ruling means that the decision that had been suspended by the court will take effect once the Senate resumes.
Senate speaker Amason Kingi will inform the House of the duration of her suspension.
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