Gloria Orwoba Saved From Serving 6-Month Senate Suspension

Nominated Senator Gloria Orwoba has been allowed to return to the Senate temporarily after she obtained conservatory orders dismissing the Senate's decision to suspend her from the house for six months.

Speaker Amason Kingi noted that Orwoba's return to the Senate followed a High Court ruling in Machakos.

Kingi, while making the announcement, noted that despite the Senate not being satisfied with the ruling, the senator will be allowed back to the house pending the determination of the matter.

A bird's-eye view of the inside of the Senate chambers. /PHOTO

“Having considered this matter after taking into account previous rulings of Speakers of Parliament and court decisions, it is my ruling that whereas the Senate is dissatisfied with the conservatory order obtained by Senator Gloria Orwoba, the Senate shall comply with the said order while reserving its right to vigorously defend its position in court,” Kingi announced.

While defending the House for suspending Orwoba, Kingi said senators followed due process in arriving at the decision to suspend her and did not breach the Constitution or any other law.

The Speaker nonetheless acknowledged that Courts have constitutional power to vary, review or set aside decisions of Parliament if such decisions are found to have violated the Constitution or any other written law.

Kingi cited a Supreme Court ruling where the apex court cautioned against unjustified intrusion with ongoing processes in other arms of government.

The Court stated that it will not question each and every procedural infraction that may occur in either of the Houses of Parliament.

"Aware that the Senate was discharging its constitutional mandate, the Court refrained from interfering with the inquiry that was being undertaken by the Powers and Privileges Committee,” the Speaker said.

Kingi nonetheless cited it as an abuse of the court process for Orwoba to file multiple cases on the same issue at the Nairobi High Court and in Machakos High Court, adding that despite the fact that the Senate obeys the court order, the House will vigorously defend its position in court.

Orwoba was suspended on Thursday, August 10 from the Senate and Parliament precincts until February 2024.

The Senate had on Wednesday, September 20 adopted the Powers and Privileges Committee report tabled on August 10 which recommended her suspension for failing to appear before it to substantiate claims she made against her colleagues on corruption and sexual harassment.