The case of Gloria Orwoba and her expulsion from the United Democratic Alliance has opened another chapter in the debate about how political parties in Kenya handle internal discipline.
The Political Parties Disputes Tribunal (PPDT) declared her removal unlawful and politically motivated, a ruling that has brought to light questions about transparency and fairness within party structures.
Orwoba, a former nominated senator, had been expelled earlier this year by UDA, but the tribunal overturned that decision after finding serious flaws in the disciplinary process.
In its ruling delivered on Wednesday, August 20, tribunal chair Desma Nungo alongside members Theresa Chepkwony and Abdirahman Adan Abdikadir found that Orwoba was not accorded a fair hearing.
They said the process leading to her expulsion was riddled with irregularities and violated the principles of natural justice.
“The respondent 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 went further to state, “She was not heard, and there was no proper hearing. This was a political process masquerading as a legal process.
She should have been afforded sufficient opportunity to prepare her defense.
”The PPDT therefore barred the Registrar of Political Parties from deleting Orwoba’s name from the register and directed UDA to reverse every step taken to enforce her expulsion.
The decision was a major setback for the party, which had accused Orwoba of misconduct after she attended the homecoming of former Interior Cabinet Secretary Fred Matiang’i and openly criticised President William Ruto’s labour mobility programme.
UDA Secretary General Hassan Omar had said that the National Executive Committee ratified the disciplinary committee’s decision because Orwoba had damaged the party’s image and ignored invitations to appear before it.
However, the tribunal noted that UDA went ahead with her expulsion despite an interim court order stopping the process. It also pointed out that the party relied on unsigned documents rather than official records. In its findings, the PPDT said, “It is clear that the proceedings of the disciplinary committee were calculated to achieve a politically motivated expulsion.
There was no fair opportunity of hearing, and the complainant was not furnished with the impugned decision. It is our finding that the proceedings were marred by legal procedural lapses and irregularities contrary to the rules of natural justice.
”The ruling came at a time when Consolata Nabwire Wakwabubi had already been sworn in as Orwoba’s replacement after being gazetted by the Independent Electoral and Boundaries Commission on August 15.
Orwoba has since moved to the High Court to challenge Wakwabubi’s nomination, insisting it was unconstitutional.
Her legal battle not only questions the way UDA handled her case but also tests the broader issue of whether political parties in Kenya can expel members without following proper legal and procedural channels.
The tribunal’s decision shows that internal politics cannot be disguised as legal procedure, and it sets a reminder that due process must always be observed.
