Audio By Vocalize
The High Court in Nairobi has granted former Senator Gloria Orwoba a lifeline to pursue the United Democratic Alliance (UDA) for expelling her and subsequent removal from Senate despite there being orders not to by the Political Parties Disputes Tribunal (PPDT).
Justice Linus Kassan, in his ruling, said that although the UDA electoral nomination and dispute resolution committee sued Orwoba, her accuser, Festus Omwamba and Henry Muriithi, the orders by the tribunal were against the main party.
He said that the fear of the committee being cited for contempt of orders was not a reason enough for the court to intervene or suspend the PPDT orders.
“The Court reasonably believes that the Applicant has failed to demonstrate substantial loss should this Court fail to grant an order of stay of execution pending appeal. It is trite that substantial loss in its various forms is the cornerstone of the Court’s jurisdiction for granting a stay, and is what has to be prevented. As stated in the Shell case, without a demonstration of substantial loss, it would be rare that any other event would render the appeal nugatory,” said Justice Kassan.
In this case, UDA’s Secretary General claimed that the orders of the tribunal had substantially crippled the party’s powers to crack the whip on errant members.
On the other hand, Orwoba replied that the appeal was an afterthought, meant to sanitise her removal from office and subsequent swearing in of Consolata Nabwire as a nominated Senator.
PPDT nullified her expulsion, declaring the process unlawful and politically motivated.
In its ruling, the tribunal chair, Desma Nungo with members Theresa Chepkwony and Abdirahman Adan Abdikadir said the party’s disciplinary process denied Orwoba a fair hearing and was marred by procedural flaws.
“The respondent failed to produce a copy of the proceedings, so the only record is the audio and transcription, which shows that the disciplinary hearing had been suspended due to an interim court order,” said Nungo.
She added, “She was not heard, and there was no proper hearing. This was a political process masquerading as a legal process. She should have been afforded sufficient opportunity to prepare her defense.”
The PPDT barred the Registrar of Political Parties (RPP) from deleting Orwoba’s name from the register and ordered UDA to reverse all steps taken to enforce her expulsion.
Orwoba had been expelled on May 19 for misconduct, including attending the homecoming of former Interior Cabinet Secretary Fred Matiang’i and criticising President William Ruto’s labour mobility programme.
The party accused Orwoba of consistently undermining UDA by making statements that damaged its image and ignoring several summonses from the party’s disciplinary organ.
Instead of appearing in person, she responded through her legal team, which the party viewed as undermining its internal dispute resolution mechanism.
Her expulsion was endorsed by UDA’s National Executive Committee (NEC) following recommendations by the Disciplinary Committee.
She was replaced by Wabwire from Bungoma.
The first-term senator had accompanied former Interior Cabinet Secretary Fred Matiang’i during his return from the United States and joined him during his homecoming tour of Kisii, further straining her ties with UDA leadership.
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The High Court in Nairobi has granted former Senator Gloria Orwoba a lifeline to pursue the United Democratic Alliance (UDA) for expelling her and subsequent
removal from Senate
despite there being orders not to by the Political Parties Disputes Tribunal (PPDT).
Justice Linus Kassan, in his ruling, said that although the UDA electoral nomination and dispute resolution committee sued Orwoba, her accuser, Festus Omwamba and Henry Muriithi, the orders by the tribunal were against the main party.
He said that the fear of the committee being cited for contempt of orders was not a reason enough for the court to intervene or suspend the PPDT orders.
“The Court reasonably believes that the Applicant has failed to demonstrate substantial loss should this Court fail to grant an order of stay of execution pending appeal. It is trite that substantial loss in its various forms is the cornerstone of the Court’s jurisdiction for granting a stay, and is what has to be prevented. As stated in the Shell case, without a demonstration of substantial loss, it would be rare that any other event would render the appeal nugatory,” said Justice Kassan.
In this case, UDA’s Secretary General claimed that the orders of the tribunal had substantially crippled the party’s powers to crack the whip on errant members.
On the other hand, Orwoba replied that the appeal was an afterthought, meant to sanitise her removal from office and subsequent swearing in of Consolata Nabwire as a nominated Senator.
PPDT
nullified her expulsion
, declaring the process unlawful and politically motivated.
In its ruling, the tribunal chair, Desma Nungo with members Theresa Chepkwony and Abdirahman Adan Abdikadir said the party’s disciplinary process denied Orwoba a fair hearing and was marred by procedural flaws.
“The respondent failed to produce a copy of the proceedings, so the only record is the audio and transcription, which shows that the disciplinary hearing had been suspended due to an interim court order,” said Nungo.
She added, “She was not heard, and there was no proper hearing. This was a political process masquerading as a legal process. She should have been afforded sufficient opportunity to prepare her defense.”
The PPDT barred the Registrar of Political Parties (RPP) from deleting Orwoba’s name from the register and ordered UDA to reverse all steps taken to enforce her expulsion.
Orwoba
had been expelled
on May 19 for misconduct, including attending the homecoming of former Interior Cabinet Secretary Fred Matiang’i and criticising President William Ruto’s labour mobility programme.
The party accused Orwoba of consistently undermining UDA by making statements that damaged its image and ignoring several summonses from the party’s disciplinary organ.
Instead of appearing in person, she responded through her legal team, which the party viewed as undermining its internal dispute resolution mechanism.
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Her expulsion was endorsed by UDA’s National Executive Committee (NEC) following recommendations by the Disciplinary Committee.
She was replaced by Wabwire from Bungoma.
The first-term senator had accompanied former Interior Cabinet Secretary Fred Matiang’i during his return from the United States and joined him during his homecoming tour of Kisii, further straining her ties with UDA leadership.
Follow The Standard
channel on WhatsApp
By Kamau Muthoni