Orwoba declines to read Senate apology, says it will incriminate her

Nominated Senator Gloria Orwoba almost broke down after she failed to get re-admission to the Senate following a 30-day suspension.

Orwoba was given a chance by the Senate Speaker Amason Kingi to apologise to the House before being admitted back but refused to read a prepared apology drafted by the secretariat.

The nominated senator objected to a section of the prescribed apology stating that reading it would incriminate her in another civil case before court. She said she had been advised it will undermine her right to a fair process to the current court proceedings.

“I would like to inform the house that I have no problem reading the prescribed apology however there is a sentence that is self-incriminating and can be used against me in a court of law, I have been on suspension without pay, I have suffered the consequences of reporting issues and I continue to suffer those consequences,” said Orwoba.

Kingi insisted that it is not up to the Speaker or the chair to vary the apology, adding that it was prescribed by the Senate sitting in plenary and it that sitting that could re-open the matter.

“I would like to inform Senator Orwoba that she must read the apology as it is contained in the report, so you either read this apology as prescribed or you go think about it and come back on any day to read it as is prescribed, there are no two ways about it,” said Kingi.

Once the Speaker pronounced himself on the matter Orwoba instead opted to walk away without tendering the apology in its prescribed format and wording. She vowed that she would not read a self-incriminating sentence with a pending court case.

The apology stated that the Senator will 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 Senator hereby tender my unreserved apology to the 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 fourth schedule to the Parliamentary Powers and Privileges Act, 2017,” reads part of the apology.

It further stated that her conduct 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.

The Senate two weeks ago resolved to vary its resolution suspending Orwoba from the Senate and precincts of Parliament from 79 days to 30 days with Senators stating that she was remorseful.

Senate Majority Leader Aaron Cheruiyot who moved the motion said the decision to have Orwoba suspended from the house for only 30 days was due to the fact that she has shown considerable level of remorse and has learnt a lesson.

Cheruiyot said that following the Communication made by the Senate Deputy Speaker Kathuri Murungi February 12 on the implementation of the resolution of the Senate on the Report of the Committee of Powers and Privileges on the conduct of Orwoba the Senator should be allowed to the house on March 13 this year.

“The Senator is apologetic of her conduct pursuant to section 17(3)(d) and (g) of the Parliamentary Powers and Privileges Act, therefore the Senate resolves to vary its resolution suspending Senator Orwoba from the Senate and precincts of Parliament for 79 calendar days and reduces the suspension period to 30 calendar days,” said Cheruiyot.

 The Majority Leader said the Nominated Senator who commenced her suspension February 12 this year shall be allowed back to the Senate and the precincts of Parliament on March 13 this year on the terms resolved by the Senate on 20th September, 2023. 

Orwoba apologised to the Senate as she began her suspension immediately after Senate Deputy Speaker Kathuri Murungi delivered a communication to the house on the matter, February 12 this year.

The Nominated Senator told the house she regretted her actions and offered apologies to fellow Senators and members of staff who may have been offended by her misconduct stating that it was never her intention to appear like she was ridiculing the house.

“I would like to offer my apologies to the members of this house and the member of staff who I may have offended as I was pursuing whatever I was pursuing in terms of oversight if there is anyone and I know there are people who have come up to me that I offended them, please forgive me,” said Orwoba. 

Justice Lawrence Mugambi sitting at the High Court in Nairobi agreed with the decision made by the Senate noting that the Senator was given a chance to appear before the Powers and Privileges Committee of the Senate to defend herself but failed to do so.

Justice Mugambi said that from the word go the Senator made it clear that she was not recognizing the jurisdiction of the Senate in inquiring into her conduct. As a result tthe judege said she declared that she was not going to participate in the inquiry process.

“Senator Gloria Orwoba was provided with an opportunity to appear and state her case, presumably even raising all the manner of preliminary issues before the Senate Powers and Privileges Committee but she instead opted not to participate and walked out on the committee,” said Justice Mugambi.

Orwoba will lose hefty perks and other personal benefits as a Senator for one month after which she will be required to appear before the house and apologise.

The Nominated Senator was accused for alleging that there was discrimination in parliament by posting various messages on the Senate Business WhatsApp group in a report made by the Powers and Privileges Committee. In her postings she accused Senate clerk Jeremiah Nyegenye of being a sex predator.

Following the decision made by the house, Senator Orwoba will be restricted from accessing the precincts of parliament for the entire period of suspension neither will she be allowed to attend senate plenary and committee sessions and there will lose out on the sitting allowances.