Reprieve for Orwoba from tribunal, but her replacement sworn in

A tribunal has reversed ouster of nominated Senator Gloria Orwoba from the United Democratic Alliance (UDA) over alleged misconduct.

The Political Parties Disputes Tribunal (PPDT) found that the party's disciplinary proceedings were unlawful, procedurally flawed and that the entire process was calculated to kick her out.

The tribunal chaired by Desma Nungo, with members Theresa Chepkwony and Abdirahman Adan Abdikadir, ordered UDA to reverse any decisions made in removing Orwoba from the party.

"UDA is hereby ordered to reverse any and all decisions made in furtherance of Orwoba’s expulsion," Nungo's led tribunal ruled.

The decision comes even as Consolata Nabwire Wakwabubi was sworn in on Wednesday afternoon at the Senate. Orwoba has since filed a petition at the High Court challenging the changes.

The newly gazetted senator took her oath in Parliament yesterday afternoon, with fellow senators welcoming her to the chamber. Orwoba filed a fresh lawsuit before the High Court, challenging the nomination and swearing-in.

In her petition, Orwoba argues that the appointment is unconstitutional. The case is currently pending hearing and determination. 

In its decision, the tribunal also prohibited the removal of Senator Orwoba's name from the party register on the basis of the now-invalidated expulsion. They unanimously ruled that Orwoba’s expulsion was null and void.

"We issued an order quashing the expulsion, effectively rendering it null and void," the tribunal ruled.

The tribunal declared that Orwoba’s removal violated principles of fair hearing, due process, and natural justice.

“It is our finding that the proceedings were marred by legal, procedural lapses and irregularities contrary to the rules of natural justice,” said chairperson Nungo.

In its decision, however, the tribunal described UDA's disciplinary process as political masquerading as a legal one, accusing the party of denying Orwoba fair hearing.

“It is clear that the proceedings of the disciplinary committee were calculated to achieve the politically motivated expulsion. This was a political process masquerading as a legal process,” Nungo said.

She ruled that there was no proper hearing. “The complainant was condemned unheard. She should have been afforded sufficient time and opportunity to prepare her defence.”

Orwoba was expelled on May 19, 2025, over allegations of shifting allegiance to another political outfit.

She was accused of breaching the party's code of conduct by attending the homecoming of former Interior Cabinet Secretary Fred Matiang’i and criticising President William Ruto’s labour mobility programme.

Aggrieved by the party's decision, Orwoba filed a complaint at PPDT alleging violation of her rights. She argued that the decision was illegal since she was never heard.

The tribunal noted that the party announced the expulsion at a time it had informed Orwoba that the process had been halted following an interim court order stopping the same.

Further, it observed that during the hearing of the case, UDA produced unassigned documents such as the complaint that triggered the expulsion.

And since the party failed to produce the written proceedings of the disciplinary process, the tribunal relied on the audio recording and transcription adduced by Orwoba. “The respondent (UDA) 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 stated that in the said recording the committee's chairperson was heard saying that the committee would check the veracity of the court order.

On the strength of the recording, the tribunal found that the disciplinary committee created expectation that the proceedings had been halted.

It found that substantive steps were taken in absence of the complainant after she was made to believe the process had been suspended. The tribunal further found no evidence that Orwoba was served with the charges against her. It also pointed out that the May 19 decision to expel her was never formally communicated, violating her right to administrative fairness.

“No return of service was submitted. No documents were tendered to prove she was served. The only record is an audio recording that suggests the hearing had been suspended due to a court order,” the chairperson noted.

Orwoba had submitted an audio recording to demonstrate that she did not waive her right to be heard during disciplinary proceedings. UDA objected to the recording, arguing that it violated the rights of third parties.