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Kenya

High Court Blocks UDA’s Expulsion of Senator Gloria Orwoba

High Court Blocks UDA’s Expulsion of Senator Gloria Orwoba

A dramatic legal intervention has temporarily shielded nominated Senator Gloria Orwoba from expulsion from the United Democratic Alliance (UDA), as the High Court in Nairobi issued a conservatory order blocking her removal. 

The ruling, delivered on May 21, 2025, ensures that Orwoba retains her party membership and Senate seat pending further judicial deliberation, injecting new uncertainty into an already tense political standoff. Justice Lawrence Mugambi of the Milimani Law Courts granted the conservatory order, effectively suspending the implementation of Orwoba’s removal by the UDA Party Disciplinary Committee. This followed an urgent legal challenge filed by Orwoba on May 20, contesting the committee’s decision, which had been reached on May 16. The case is scheduled for further mention on June 3, 2025, where additional legal directions will be provided.

The court’s intervention occurred against a backdrop of heightened political drama. Earlier on May 21, Senate Speaker Amason Kingi had formally gazetted Orwoba’s seat as vacant. The gazette notice, invoking Article 101(2) of the Kenyan Constitution and referencing Article 98(1)(b) concerning the nomination of senators representing special interest groups, now sits in legal limbo pending the outcome of the judicial review.

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The UDA's move to expel Orwoba stems from allegations of misconduct, according to UDA Secretary General Hassan Omar. Omar asserted that the decision was reached after careful deliberation and based on Article 29 of the party’s constitution. He emphasised that while the UDA upholds freedom of expression, loyalty to party ideals is essential for maintaining political discipline. Omar declared that Orwoba would no longer be recognised as a party member or authorised to act on its behalf.

A primary catalyst for Orwoba’s expulsion appears to be her attendance at a political event hosted by opposition leader Fred Matiang’i in Kisii County. This action was perceived as a violation of UDA’s party code of conduct, triggering criticism from party loyalists who accused her of undermining party unity. The controversy fueled calls for her removal, with members branding her conduct as gross misconduct.

Orwoba has vehemently contested her expulsion, asserting that due process was not followed. She claims that the disciplinary committee acted unfairly, and her legal challenge aims to overturn the party’s decision. The court’s temporary suspension of her removal provides her with immediate political relief, averting the immediate fallout from her expulsion. However, her future within the UDA remains uncertain as a full hearing is still pending.

While political parties wield significant power in determining the fate of their members, judicial intervention serves as a critical safeguard to ensure adherence to constitutional principles.  The court also issued a penal notice, warning against any attempts to defy its ruling. Any breach of the conservatory order will attract legal consequences, underscoring the judiciary’s commitment to enforcing its directives. 

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