Nominated Senator Gloria has suffered a setback after the court sided with the Senate in its decision to suspend the lawmaker for six months.
The High Court upheld the Senate’s decision in a landmark decision rendered on Wednesday. The lawmaker was first suspended last year over what the House termed as gross misconduct.
The decision meant she was to keep off all Parliamentary activities, but she went to court and obtained an order restraining the House from implementing its verdict.
High Court judge Lawrence Mugambi – in his ruling – concurred with the Senate’s decision, as the senator was given a chance to appear before the Powers and Privileges Committee to defend herself but snubbed the session.
“Senator Gloria Orwoba was provided with an opportunity to appear and state her case, presumably even raising all manner of preliminary issues before the Senate Powers and Privileges Committee but she instead opted not to participate and walked out on the committee,” Mugambi said in his ruling.
In dismissing Orwoba’s petition, Mugambi ruled out any infringement on the senator’s right to fair and administrative action as required by law.
The judge dismissed the petition filed by Orwoba with costs to the respondents. She was also to miss out from all privileges associated with being a Member of Parliament.
During the suspension period, the lawmaker will not draw any committee allowances, mileage as well as any other activity of the house.
MPs are reimbursed a claimable mileage of one return journey a week from the National Assembly (Nairobi) to his/her constituency at the rate of Sh152.6 per kilometre.
MPs can claim a reimbursable monthly maximum of as much as Sh462,887 for distances up to 350km. For longer distances, the rate is based on actual distance multiplied by the mileage rate of Sh152.6 per kilometre.
The Committee’s decision will now kick in next month when the Senate returns from the long recess.
The Committee report tabled on August 10, recommended Orwoba’s suspension for failing to appear before it to substantiate claims she made against her colleagues on corruption and sexual harassment.
While noting the gravity of the charges against her, the team recommended that Orwoba be discharged from the House for the remainder of the second session of the 13th Parliament.
The committee also put forward that the senator be denied access to the precincts of Parliament and the use or enjoyment of any unspecified facilities provided to Members of Parliament during the period.
The senator’s allegations - on social media - were to the effect that a senior Senate official had resorted to harassing her after she declined his sexual advances.
She also claimed that some of her colleagues were corruptly earning per diems in exchange for sexual favours and for their legislative agenda to sail through.
In a video message last year, Orwoba said she stands by her claims and questioned why the motion to debate her conduct was moved on a day the House knew she was absent.
“This is a matter that is actually
in court that’s why I have not been
commenting on it but Parliament
has chosen to continue discussing
and debating it therefore I have to
add my voice.
