• The order was issued by a the high court in Machakos where Orwoba challenged a decision of the House to suspend her till February next year.
• Orwoba was suspended on September 20 for six months after senators adopted a Powers and Privileges Committee report which recommended her suspension.
Image: FILE
Nominated Senator Gloria Orwoba will be allowed to participate in House activities after Speaker Amason Kingi said the House will obey a court order to that effect.
The order was issued by the high court Machakos where Orwoba challenged a decision of the House and the Senate Powers and Privileges Committee to suspend her till February next year.
The committee found Orwoba guilty on a number of gross misconduct offences including allegedly tarnishing her colleagues' image by linking them to corruption and solicitation of sexual favours.
Kingi said the House still stands by its decision but it will obey the court order.
"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 Orwoba, the Senate shall comply with the said order,” Kingi said.
While defending the House for suspending Orwoba, Kingi said senators followed the due process in arriving at the decision to suspend her 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 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.
He said despite the fact that the Senate obeys the court order, the House will vigorously defend its position in court.
“The Senate and other respondents have already made an application seeking to vacate these conservatory orders. The same is coming up for hearing on October 23, 2023,” he said.
Senate on September 20 suspended Orwoba from Parliament precincts for six months after adopting a report by the Powers and Privileges Committee tabled on August 10 which recommended her suspension.
Senators held that Orwoba failed to appear before the committee to substantiate claims she made against her colleagues on corruption and sexual harassment.
"Having accorded Senator Gloria Orwoba an opportunity to be heard, the senator declined to participate in the inquiry by the committee on Powers and Privileges and hence the committee found the charges to stand,’’ the report stated.
"The committee considered the evidence before it on this charge and given that there was no evidence to the contrary to refute the charge, the charge was therefore confirmed,” it added.
Orwoba refuted claims that she was invited to appear before the committee to defend herself.
"Powers and Privilege committee did not invite me to give my part of the story. What they did is they charged me for complaining in retaliation. I have repeatedly asked for evidence. In fact, my latest one is a letter I wrote saying that Senate has to release a Travel report," she said in a video seen by the Star.