Senate in dilemma as Orwoba returns
By Rawlings, October 5, 2023
Nominated Senator Gloria Orwoba yesterday returned to the House after she obtained court orders restraining the Senate from suspending her.
Machakos High Court Judge Rayola Olel issued the orders restraining the Senate from effecting its decision to lock her out until February next year.
Yesterday, Migori Senator Eddy Oketch brought to the attention of the House the presence of Orwoba who was suspended two weeks ago after senators approved a motion by the Powers and Privileges Committee that recommended her suspension from the House for six months.
“I am seeking your guidance Mr. Speaker for we have a stranger in the House. We want to know whether the stranger is properly allowed in the House. Looking at the side of government, there is a stranger who I cannot identify properly. May you guide the House,” said Oketch.
Oketch’s question opened the door for several points of Order with senators Boni Khalwale (Kakamega), Danson Mungatana (Tana River), Samson Cherargei (Nandi), Godfrey Osotsi (Vihiga) and William Cheptumo (Baringo) calling on Speaker Amason Kingi to exercise wisdom lest the Senate loses its powers. Khalwale questioned to whom the conservatory orders were directed, reminding Kingi that the decision to kick out Orwoba was not his.
“This was a decision of the Plenary and if the decision of the must be vacated, it can only be vacated because a motion has been moved to vacate that decision of the House,” he said.
He added: “If the court has purported to serve you, and in the absence of a motion which has received the majority of the House whereby it has rescinded that decision, when then does the Speaker find it possible to implement the court order which apparently is limited to him?”
Separation of powers
Cherargei said Parliament cannot be injuncted. “If we allow this House to be injuncted, we are risking reducing the exclusive jurisdiction of the House, where you will get individuals moving to court to injunct not only on the issue at hand but a petition or a discussion we are having at the plenary,” said Cherargei.
“We need your direction and guidance because we are risking exclusive parliamentary jurisdiction and privileges. It is in order to seek clarification so that tomorrow we do not get court orders against our committees, against ourselves and against the House,” he added.
Osotsi said the doctrine of separation of powers, where the three arms of government operate independently but in the process collaborate, should be respected.
“We are setting a wrong precedent as Parliament by accepting to be directed by the courts on how we conduct our business. We are going to be rendered powerless,” said Osotsi.
He said that it is important that the integrity and powers of Parliament must be protected from the Judiciary, adding that the issue of punishment of members is not unique to Kenya.