Appearing before the Political Parties Disputes Tribunal (PPDT), chaired by Desma Nungo, Ms Orwoba was also questioned on her knowledge of the complaints forming the basis of her removal from the party.
The tribunal heard that she recorded the UDA officials using her mobile phone; a move that the party now views as an infringement of rights and violation of personal data.
The party, through its legal team led by lawyer Dr Adrian Kamotho, opposed the production of the audio as an exhibit by Ms Orwoba in her complaint against the resolution of the committee to expel her from the ruling outfit.
“It (the audio) offends Article 54 of the constitution, sections 25, 28, 29 and 30 of the Data protection Act for the reason that the said audio was recorded or obtained illegally, in secrecy and that personal data was collected from persons in the in contested disciplinary proceedings without consent whatsoever and without reasons for the recording,” said the lawyer. He believes that the exhibit is not admissible in the tribunal.
Dr Kamotho, representing UDA, argued in the tribunal that the production of the audio as evidence would infringe on the officials’ right to privacy. The lawyer contended that in the event the audio is admitted it would render the entire trial unfair and detrimental to the administration of justice.
However, Ms Orwoba confirmed to the tribunal that she recorded the officials and proceeded to transcribe the same before filing it as an exhibit in support of her case.
She added that the people recorded in the audio were aware of the recording, as her phone was placed on the table. She argued that there was an inconsistency in the details of the letter for her removal and the audio recording. She said that the letter was not a true reflection of the disciplinary proceedings.
She was accused of breaching the party's code of conduct by attending the homecoming ceremony of former Interior Cabinet Secretary Dr Fred Matiang’i and criticizing President William Ruto’s labour mobility program.
During cross-examination by the party advocates on Thursday, the senator responded that Dr Matiang’i was her relative and a Gusii community leader.
“I indeed attended Dr Matiang’i’s event the same way my party leader, President Ruto, has attended many events of people in other parties,” she stated.
In regard to a complaint alleging that she disparaged President Ruto’s labour mobility program at a radio show, Ms Orwoba said she could not recall making the comments.
“If I were given an opportunity by the disciplinary committee, I would have responded to all the allegations. The comments they are saying are not captured in the complaint letter,” said Ms Orwoba.
She further claimed that she was summoned to appear for disciplinary proceedings before the complaint was formally lodged at the committee.
"The summons are dated May 7, 2025 and the complaint was lodged on May 14, 2025. I was summoned even before the complaint was lodged. The complaint came after the summons. Looking at the chronology of events, the decision to remove had been made,” she stated.
Ms Orwoba added that UDA never furnished her with the expulsion letter or the summons officially and that she learnt about the disciplinary case through the media.
She was also questioned about her decision to file multiple suits in relation to the dispute. The tribunal heard that she had filed a petition at the High Court raising issues similar to those contained in the complaint.
But during re-examination by her lawyer Duncan Okatch, she clarified that the High Court case concerns infringement of her rights to fair hearing and violation of the Constitution, while the matter at the tribunal involves the disciplinary proceedings that yielded to her removal. She maintained that she is still a legit member of the UDA.
“The matter at the High Court arose because I was not getting communication from UDA. I am here because there was no other way to appeal against the decision of the UDA. I had to appeal it at the tribunal,” she stated.
The other members of the tribunal were Theresa Chepkwony and Abdirahman Adan. The hearing continues.
