The High Court in Nairobi has affirmed the Senate’s decision to suspend nominated Senator Gloria Orwoba for one session, upholding the disciplinary action taken against her for misconduct.
Justice Lawrence Mugambi ruled that the Senate acted within its jurisdiction in disciplining Orwoba, emphasizing that she had openly refused to acknowledge the Senate’s authority in investigating her conduct.
In his ruling, Justice Mugambi noted that Orwoba had explicitly stated her intention not to participate in the Senate’s inquiry process.
He pointed out that during her appearances on the 7th and 9th of the month, Orwoba walked out of the proceedings, thus forfeiting her opportunity to defend herself.
“Having taken such a firm stance by refusing to participate, why would the Senator then turn around and claim that the Senate denied her the chance to defend herself?” Justice Mugambi questioned in his judgment.
He concluded that Orwoba had been provided the opportunity to state her case, but chose not to engage in the inquiry, resulting in no violation of her right to a fair hearing.
The judge further ruled that Orwoba’s refusal to participate in the proceedings did not infringe upon her rights, and dismissed her petition challenging the suspension, ordering her to pay costs to the Respondents.
The suspension stemmed from a report by the Senate’s Power and Privileges Committee, which recommended a six-month suspension for Orwoba, following two charges.
The first charge accused her of making unsubstantiated claims about sexual favors being solicited within Parliament.
The second charge related to Orwoba publishing information that disrespected her colleagues, casting aspersions on their motives.
Although a Machakos court had temporarily halted the suspension on September 29 pending further hearings, Justice Mugambi’s ruling now means that the suspension, initially delayed, will take effect once the Senate reconvenes.
Senate Speaker Amason Kingi is expected to notify the House of the duration of Orwoba’s suspension.
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