The High Court has dismissed the petition filed by nominated Senator Gloria Orwoba, who had sought to block her suspension from the Senate over allegations of harassment. In a ruling delivered by Judge Lawrence Mugambi, the court sided with the Senate, finding no infringement on Orwoba’s right to a fair hearing.
Orwoba had filed a case at the Machakos court in 2023, claiming she had been subjected to harassment by the Clerk of the Senate and the Senate itself. She alleged that despite being granted travel opportunities by the Clerk, she was denied similar privileges, leading to her being summoned for a hearing by the Senate’s Committee on Powers and Privileges. The hearing, scheduled for August 7, 2023, proceeded in her absence, as Orwoba claimed that the Committee had failed to provide the requested documents. She also accused the Committee of conducting the hearing without her participation, ultimately leading to her suspension from the Senate for the remainder of the second session.
In her petition, Orwoba argued that the Senate’s actions violated her right to be heard, stating that the suspension was illegal and unjust as she was not given a fair opportunity to defend herself. She expressed concern that her absence from the proceedings could result in the loss of her Parliamentary seat and damage to her reputation.
However, the Senate, through an affidavit filed on behalf of the respondents, contended that Orwoba was suspended for breaching the Parliamentary code of conduct. The respondents further emphasized that the Committee had given Orwoba the chance to participate in the hearing, but she chose to walk out, accusing the proceedings of bias and prejudice.
Judge Mugambi ruled that Orwoba’s absence from the hearings allowed the Senate to take the necessary actions as per its rules. He concluded that her rights to fair administrative action and hearing had not been violated, dismissing the petition with no costs to the respondents.
