Court upholds Senator Orwoba's suspension

Court documents show that Orwoba had filed a case at the Machakos court, alleging she underwent harassment at the behest of the 2nd and 5th Respondents (Clerk of the Senate and Senate respectively) in 2023.

She had alleged that she had been denied travel opportunities despite the Clerk granting the same opportunities to specific Senators.

The Clerk then summoned Orwoba for a hearing set for August 7,2023 to inquire into her allegations before the Senate Committee on Powers and Privileges, cited as the 4th respondent in the case.

Orwoba asserted that the Committee failed to issue her with the requested documents and proceeded to conduct the hearing without her participation. 

The committee's recommendations were eventually presented to the Senate for adoption which was also done in her absence while she was out of the country.

"It is her assertion that the Respondent’s actions were plainly geared towards denying her an opportunity to be heard and respond to the allegations as is required in a fair hearing," read part of the court documents.

She depones that as a result she was suspended from the House for the remainder of the second session, adding that their actions were illegal and unjust since she was granted an opportunity to defend herself.

Orwoba wants the Court’s assistance as she fears that she will lose her Parliamentary seat for being absent and also tarnishing her reputation.

In their rebuttal, the respondents argued that Orwoba was suspended from she was suspended after she breached the Parliamentary code of conduct.

An affidavit filed on behalf of the second to fifth respondents said that she had made various allegations on the Senate's Business WhatsApp group and her personal WhatsApp status that touched on Senate business.

They added that the Committee had agreed to hold proceedings with Orwoba on August 2023 and she declined to participate, stating that the proceedings were prejudiced, and accused the Committee was biased before walking out.

They therefore deny allegations of breach and further assert that the Committee granted Orwoba an opportunity to be heard which she declined.

Judge Lawrence Mugambi therefore ruled that Orwoba's deliberate absence from the hearings gave the House liberty to take necessary action.

"I find that there was no infringement of right to fair administrative action or the right to fair hearing in the circumstances of this case," he ruled.

He therefore dismissed the petition with no costs to the respondents.