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"id": 1516168,
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"content": "The Senator sought leave to apply for judicial review orders to quash the recommendations of the Committee on Powers and Privileges and the resolution of the Senate made on 28th September, 2023. The Senator further sought orders to restrain the respondents referred to herein above from implementing the recommendations of the report of the Committee on Powers and Privileges as adopted by the Senate on 28th September, 2023.The Senator also sought orders to compel the respondents to give effect to Articles 10, 27, 31, 33, 36, 47, 50 and 117 of the Constitution of Kenya. On 20th September, 2023, the matter was heard ex parte before the High Court at Machakos and orders were issued, whose effect was to suspend implementation of the resolution of the Senate of 28th September, 2023 as contained in the report of the Committee of Powers and Privileges pending a hearing and determination of the substantive judicial review application. By a communication from the Chair to the Senate dated 5th October, 2023, in the presence of Sen. Gloria Orwoba, MP, following the resolution of the Senate to adopt the Report of the Committee on Powers and Privileges on the conduct of the Senator, and having considered this matter after taking into account previous rulings of Speakers of Parliament and court decisions, it was the Speaker's ruling that, whereas the Senate was dissatisfied with the conservatory order obtained by Sen. Gloria Owoba, the Senate shall comply with the said order while reserving its right to rigorously defend its position in court and that the Senate did not breach the Constitution or any other law in arriving at its decision to suspend the Hon. Senator. Hon. Senators, Machakos High Court Judicial Review Application No.E283 of 2023, Gloria Orwoba versus Attorney-General, Clerk of the Senate and three others, was subsequently transferred to the Milimani High Court and was heard before Hon. Justice L. N. Mugambi and judgement was delivered electronically on 15th January, 2025. It was the finding of the Court that the Petitioner, ex parte applicant, Sen. Gloria Orwoba, MP, was provided with the opportunity to appear and state her case presumably, even raising all the manner of preliminary issues before the fourth respondent, but she instead opted not to participate and walked out on the fourth respondent having voluntarily refused to participate. “I find that there was no infringement of right to fair administrative action or fair hearing in the circumstances of this case. I thus dismiss this Petition, Judicial Review Application with regards to the respondents.” The import of the judgement is that the Court ordered staying the resolution of the Senate on the report of the Committee on Powers and Privileges, as well as any other consequential orders in the matters filed by the Hon. Senator have lapsed. The suspension of Sen. Gloria Orwoba may now therefore commence. Hon. Senators, you will recall that a resolution of the Senate--- Let me have mercy to these Hon. Senators. Kindly sit at the nearest seat. Senator for Busia County, I did not say you extend greetings, but find a seat."
}