In a landmark ruling delivered on Wednesday, the High Court upheld the Senate’s decision to suspend nominated Senator Gloria Orwoba for six months over allegations of gross misconduct.
Initially suspended last year, Orwoba had sought legal redress, obtaining a court order to temporarily block the Senate’s decision. However, High Court Judge Lawrence Mugambi ruled against her, stating she was given a fair opportunity to appear before the Senate Powers and Privileges Committee but chose not to participate.
“Senator Gloria Orwoba was provided with an opportunity to appear and state her case, including raising preliminary issues, but she opted out and walked away from the committee,” Justice Mugambi noted in his judgment.
The court dismissed Orwoba’s petition with costs to the respondents and ruled there was no infringement on her right to fair administrative action.
The suspension bars Orwoba from all parliamentary activities and denies her privileges, including committee allowances, mileage reimbursements, and other benefits. MPs typically claim up to KSh 462,887 monthly for mileage within a 350-kilometer radius, with longer distances reimbursed at a rate of KSh 152.6 per kilometer.
The Senate’s Powers and Privileges Committee, in a report tabled on August 10, recommended Orwoba’s suspension for failing to substantiate allegations of corruption and sexual harassment she made against her colleagues. The report proposed that Orwoba be barred from Parliament precincts and any member-related facilities for the remainder of the second session of the 13th Parliament.
Orwoba had accused a senior Senate official of harassment following her rejection of alleged sexual advances. She also claimed some lawmakers were engaging in corrupt practices, including exchanging per diems for sexual favors to advance legislative agendas.
In a video last year, Orwoba defended her allegations, questioning why the motion to debate her conduct was scheduled when she was absent. She also indicated that the matter was sub judice, which limited her comments.
The suspension will take effect when the Senate reconvenes after its recess.
