Blow to Senator Orwoba as High Court upholds her suspension

Nominated Senator Gloria Orwoba was suspended for six months by the Senate in September 2024 after the House adopted the recommendation made by the Powers and Privileges Committee. [File, Standard] Nominated Senator Gloria Orwoba has suffered a major blow after the High Court upheld a Senate decision made in September last year to suspend her for three months for gross misconduct. Justice Lawrence Mugambi agreed with the decision to the effect that the nominated Senator was given a chance to appear before the Powers and Privileges Committee of the Senate to defend herself but failed to do so. He said from the word go, the Senator made it clear that she was not recognising the jurisdiction of the Senate in inquiring into her conduct and as a result she declined to participate in the inquiry process. "Senator Gloria Orwoba was provided with an opportunity to appear and state her case, presumably even raising all the manner of preliminary issues before the Senate Powers and Privileges Committee but she instead opted not to participate and walked out on the committee," said Justice Mugambi at the High Court in Nairobi. He said he did not find any infringement of the right to fair administrative action or the right to fair hearing in the circumstances and therefore dismissed Orwoba's petition. Orwoba was suspended for six months by the Senate in September last year after the House adopted the recommendation made by the Powers and Privileges Committee chaired by Senate Speaker Amason Kingi following a majority decision that will see her lose several privileges enjoyed as a senator. She will lose hefty perks and other personal benefits until May this year when she will be required to appear before the House and apologise before being readmitted. She was accused of making unsubstantiated allegations of sexual favours by some parliamentary officials. She was also accused of alleging that there was discrimination in parliament by posting various messages on the Senate Business WhatsApp group in a report made by the Powers and Privileges Committee. She will be restricted from accessing the precincts of Parliament for the entire period and neither will she be allowed to attend senate plenary and committee sessions and there will lose out on the sitting allowances. Senator Orwoba was also accused of disrespecting fellow senators by publishing information that was disrespectful to her colleagues, imputing improper motive on fellow senators. The Clerk to the Senate Jeremiah Nyegenye had in October last year obtained a court order restraining the Senator and other unknown Facebook and X users from publishing or reposting any publication that portrays him in bad light. Known individuals such as Abuga Makori (on X) Lightcast TV Kenya (on Facebook) and Amakanji Thomas (on X) have been stopped from publishing any audio or video clip from the nominated Senator on the Clerk as a person. They have also been barred from posting the information in any print media, Facebook, WhatsApp, Telegram, Instagram, Tiktok and X and any other social media platforms and from publishing any similar defamatory in any manner whatsoever. "Pending the hearing of this application this court has issued an order compelling the defendants, unknown X and Facebook users more specifically Abuga Makori, Lightcast TV Kenya and Amakanji Thomas from publishing and or causing to be published or reposting any publication against the plaintiff," said Ruguru. Vihiga Senator Gofrey Osotsi while supporting the motion to suspend Orwoba last year, said it was important for senators to align themselves to the conduct of the previous two parliaments where members conducted themselves with decorum and respected themselves. Osotsi said he sat in the same committee with Orwoba where she said members wanted to kill her Bill after which she was advised to align her technopolis Bill with that of the ministry but she went ahead in social media to criticise her fellow committee members on social media. "We have also seen the manner she has subjected the Senate Clerk to embarrassment, who is very professional in his conduct and deserves respect due to his illustrious career in the Senate. I support this motion to serve as a lesson to others with similar intentions," said Osotsi. Nairobi Senator Edwin Sifuna supported the motion to suspend Orwoba saying it was unfortunate that the Senator was given an opportunity to back her claims but failed to turn up in two occasions. Kakamega Senator Boni Khalwale while supporting the motion asked young female senators to read the history of the late Nobel Peace Prize Winner Prof Wangari Mathai, Chelagat Mutai, the late Phoebe Asiyo, the first female MP Grace Onyango, former Kitui Governor Charity Ngilu, and former nominated Senator Dr Agnes Zani. But Kirinyaga Senator James Murango opposed the motion to suspend Senator Orwoba saying it was punitive compared to punishment meted to other legislators who have broken house rules.

Blow to Senator Orwoba as High Court upholds her suspension

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Blow to Senator Orwoba as High Court upholds her suspension

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