The Political Parties Disputes Tribunal (PPDT) has reinstated Hon. Gloria Orwoba as the validly nominated Senator representing the United Democratic Alliance (UDA), after quashing her expulsion from the party.
Delivering its ruling on Thursday afternoon, a three-member bench chaired by Desma Nungo alongside Theresa Chepkwony and Abdirahman Adan Abdikadir found that the decision to remove Orwoba from her position was unlawful, procedurally flawed, and in violation of her constitutional right to a fair hearing.
“The decisions of May 16 and 19 were marred by procedural lapses and irregularities contrary to the rules of natural justice. The decision is null and void.”
Orwoba’s lawyers, Duncan Okatch & Moses Mabeya, welcomed the ruling, saying the tribunal had restored justice and fairness in the matter. “The PPDT has ruled decisively that the expulsion was not only unlawful but also politically motivated. Honourable Orwoba remains the validly nominated Senator for UDA,”.
In its judgment, the tribunal dismissed UDA’s preliminary objection that the case was sub judice, noting that the High Court matter cited by the party was no longer active. “We have not been informed of any other pending case. This matter is therefore not sub judice,” Nungo stated.
The tribunal also admitted an audio recording produced by Orwoba in which she secretly recorded the disciplinary proceedings purportedly conducted by the party leading to her expulsion, which UDA had opposed on grounds that it violated individuals’ rights. The recording, however, was deemed admissible and it demonstrated that she had not waived her right to be heard.
Significantly, the tribunal criticized UDA’s disciplinary committee for relying on unsigned and undated documents. “We wonder how the disciplinary committee admitted unsigned, undated and un – numbered documents.
The bench noted that UDA failed to provide any return of service or supporting documentation proving that Orwoba had been formally notified of the disciplinary proceedings. It further held that the party’s failure to furnish her with reasons for its decision amounted to a breach of fair administrative action rules.
“This was a political process masquerading as a legal process,” Nungo declared. “The complainant was condemned unheard.”
The tribunal consequently declared Orwoba’s expulsion unlawful and illegal, issued an injunction against removing her name from the register of members, and ordered UDA to reverse all decisions made in her ouster.
