Explainer: What it really means when a political party expels a member

Senator Gloria Orwoba during the Senate Committee on Labour and Social Welfare at Mini Chambers, County Hall, Parliament, Nairobi. May 6th, 2025 [Elvis Ogina, Standard]

United Democratic Alliance (UDA) National Executive Committee on Monday, May 19, expelled nominated Senator Gloria Orwoba from the Party over accusations of disloyalty.

The party withdrew its sponsorship of the legislator to the Senate, and announced that Orwoba would no longer enjoy any privileges accorded to party members, nor would she be authorised to represent or act on behalf of UDA in any capacity.

UDA has since nominated Consolata Wabwire Wakwabubi to replace her.

While Orwoba's woes are largely linked to her public embrace of former Interior Cabinet Secretary Fred Matiang'i, considered a potential challenger to President William Ruto in the 2027 presidential race, her expulsion has sparked a crucial constitutional question: What exactly happens when a sitting lawmaker is kicked out of their sponsoring party?

The Expulsion process

Constitutional lawyer Charles Kanjama explains that if a nominated Member of Parliament or Senator is expelled from the political party that sponsored them, they automatically lose their seat in Parliament.

"This is because their membership in the party is a requirement for holding that position," he says.

Governance expert Javas Bigambo adds that expelling a lawmaker is not a simple process. The party must prove the legislator has violated its constitution and followed due process.

"The committee must conduct a fair process, including granting the individual the right to be heard, before settling on the decision to eject them," adds Bigambo.

If, after this process, the committee decides to expel the member, the lawmaker has several legal options. One, they may appeal to the party's internal dispute tribunal, seek arbitration, or go to court to block the Speaker from taking further action.

In Orwoba's case, Bigambo notes that she can explore all three avenues.

However, he says UDA appears to have a strong case.

"UDA has argued that she is a member of UDA and associated herself with other political courses," he explains. "If she goes to court, she might get a reprieve; however, it depends on the prayers she asks the court."

Party rules and legal pathways

According to the UDA Constitution, the Disciplinary Committee, after hearing a complaint, may recommend a range of actions to the National Executive Committee, including acquittal, pardon, reprimand, fine, suspension, or expulsion.

Any member facing disciplinary action is entitled to self-representation or representation by another party member.

The NEC's decision can be appealed to the National Governing Council (NGC), whose verdict is final. However, an expulsion must be ratified by a majority of the NGC.

UDA also states that loyalty and fidelity to the party are key principles and necessary to strengthen multiparty democracy, arguing that Orwoba cannot continue to "play for two political teams simultaneously."

Article 103 of the Constitution treats expulsion similarly to a resignation, meaning the member is deemed to have lost their seat. However, this only applies if the expulsion follows a fair disciplinary process.

For the loss of a seat to take effect, the party must notify the Speaker that the individual is no longer a member.

Kanjama adds, "Once the party expels you, they have to inform the Registrar of Political Parties so that they can remove you from the party. They can also inform the Senate. This allows the Registrar to remove them from the list."

If only the House is notified, the Speaker must first seek confirmation from the Registrar before gazetting the changes.

Orwoba's situation is not uncommon.

In May 2021, the Jubilee Party expelled then-nominated Senator Isaac Mwaura.

Senate Speaker Kenneth Lusaka declared the seat vacant, but Mwaura was later reinstated after the High Court blocked the Registrar of Political Parties from deregistering him.

With UDA's notice now before the Speaker, Kanjama advises that if Orwoba is dissatisfied with the outcome, she should promptly appeal the decision.