Inside Senator Gloria Orwoba's battle against the Senate

Tabled Allegations

Nominated Senator Gloria Orwoba made allegations of pursuit of sexual favours, favouritism, discrimination, and corruption in the Senate Business WhatsApp Group and at a media briefing held at the Media Centre in the Main Parliament Buildings.

Committee of Powers and Privileges inquiry

The Committee of Powers and Privileges conducted an inquiry on its own motion into the conduct of Senator Gloria to establish if her conduct constituted a breach of parliamentary privilege.

Only one woman senator, Esther Okenyuri (nominated), was a member of the committee. Senator Gloria objected to her participation in the proceedings due to their longstanding political differences. Senator Okenyuri voluntarily recused herself to allow Gloria a fair hearing. However, on the day she was to be heard, Gloria objected to the process.

Filed petition in the High Court

She filed a petition in the High Court in Nairobi against the Attorney General, the Clerk of the Senate, the Speaker of the Senate, the Senate Committee of Powers and Privileges, and the Senate, seeking conservatory orders barring the Senate Committee of Powers and Privileges from proceeding with the inquiry into her conduct.

Appearance before committee

She appeared before the committee with her legal team, but before the charges were read, her counsel objected to the proceeding, referring to the petition and stating it would be sub judice and that the committee lacked jurisdiction to conduct any proceedings.

However, Senator Gloria and her legal team had not provided any evidence as proof that there was an active court case barring the committee from proceeding with the matter. Thus, the committee resolved to proceed with the inquiry in her absence.

The Senate committee’s report

The Senate adopted the committee’s report, which found her in breach of privilege and recommended:

• Suspension from the House for the remainder of the Second Session of the Thirteenth Parliament.
• Restriction of access to the precincts of Parliament and withholding the use or enjoyment of any specified facility provided to senators.
• Upon resumption of Senate sittings, she was to apologise to the Senate, senators, the Clerk of the Senate, and the secretariat of Parliament before being admitted to the Senate, in the following manner:

I, Senator, Gloria Orwoba hereby tender my unreserved apology to this Senate, Honourable Senators, Clerk of the Senate and secretariat of Parliament for having acted in a manner which pursuant to section 16(e) and paragraphs 7 and 8 of the Privileges Act, 2017 constituted a breach of parliamentary privilege that reflected adversely on the dignity and integrity of Parliament and its Members and was contrary to the best interests of Parliament and its Members. I undertake that I shall abide by the responsibilities of leadership as set out in the Constitution, the Leadership and Integrity Act, 2012 and the Parliamentary Powers and Privileges Act, 2017. I therefore beseech to be admitted to the Chamber. I thank you.

High Court

She moved to the High Court in Machakos seeking to stop the Senate from implementing its resolutions.

The Senate

The High Court temporarily stopped the Senate from implementing the resolutions pending the conclusion of the matter.

Reprieve For Orwoba:

Machakos High Court stops the suspension of Gloria Orwoba from the Senate.

The court has also allowed the senator to sue the speaker of the Senate.#NTVWeekendEdition @SmritiVidyarthi pic.twitter.com/VGNl32RVqa

— NTV Kenya (@ntvkenya) September 29, 2023

Dismissed petition

The High Court dismissed the petition, paving the way for the Senate to implement the recommendations.

Suspension

Senator Gloria began her 79-day suspension.

Reduced suspension

The Senate resolved to reduce Senator Gloria’s suspension from 79 days to 30 daysfollowing a motion by Majority Leader Aaron Cheruiyot, allowing her back to the House on March 13, 2025.

Majority Leader @Aaroncheruiyot (Kericho) moves a motion to vary the Senate’s resolution on the Committee of Powers and Privileges report regarding Sen. Gloria Orwoba, MP, reducing her suspension from 79 to 30 days. #SenateLive pic.twitter.com/P8OtQmnMje

— Senate of Kenya (@Senate_KE) February 25, 2025

Prescribed apology

Senate Speaker Amason Kingi welcomed Senator Gloria back and went ahead to enforce the recommendation of the seven-member Powers and Privileges Committee of which he is the chairperson, which required her to read the prescribed apology verbatim, as written in the report.

Communication from the Chair @HonAmasonKingi regarding the reinstatement of Nominated Senator Gloria Orwoba following the conclusion of her suspension.#senatelive pic.twitter.com/tGaLFealkm

— Senate of Kenya (@Senate_KE) March 18, 2025

The walk-out

She declined and walked out of the chambers. Later, she put out a statement on hersocials indicating that the apology infringed upon her right to protection from self-incrimination and undermined her right to a fair process.

Cc@HonAmasonKingi @Senate_KE pic.twitter.com/zAnmxY68yr

— Gloria Orwoba (@gloria_orwoba) March 18, 2025

Readmission to the chamber

On this day, she read the prescribed apology, securing her readmission to the chamber.

Sen. @gloria_orwoba reads the prescribed apology, securing her readmission to the chamber. #SenateLive pic.twitter.com/C0mAItjueS

— Senate of Kenya (@Senate_KE) March 20, 2025