The Tribunal’s Decision
On 22 August 2025, the Political Parties Disputes Tribunal sitting in Nairobi delivered a ruling in favor of former nominated senator Gloria Orwoba. The case concerned her expulsion from the United Democratic Alliance (UDA). The tribunal declared that the decision to remove her from the party was unlawful. It ordered that the expulsion be reversed and directed the Registrar of Political Parties not to strike her name from the register.
The three-member panel stated that UDA’s internal disciplinary process did not meet the requirements of natural justice. They found that Orwoba had not been given a fair opportunity to defend herself and that the party failed to produce proper records of the disciplinary proceedings.
The Facts of the Case
In May 2024, UDA announced that Orwoba had been expelled from the party for misconduct. Soon after, her name was forwarded to the Independent Electoral and Boundaries Commission for replacement. On 5 August 2025, Consolata Nabwire Wakwabubi was sworn in as a nominated senator to take Orwoba’s place.
Orwoba filed a complaint before the Political Parties Disputes Tribunal, arguing that she was never served with the charges, that she was denied a hearing, and that her expulsion was political rather than legal. She also told the tribunal that UDA had acted against her despite there being an interim order suspending the disciplinary hearing.
How the Tribunal Reasoned
The tribunal considered whether UDA had followed fair procedure before expelling Orwoba. It noted that the party had relied on an audio recording and a transcript instead of producing minutes or records of the disciplinary meeting. In the recording, the chair of the committee said the session had been suspended following a court order. The tribunal held that it was wrong for UDA to proceed with an expulsion when the process had been stopped by a court.
The panel also said that political parties must observe fairness and transparency when disciplining their members. The law does not allow parties to use internal discipline as a tool to silence members without giving them a fair chance to respond. The tribunal described the expulsion process as a political act dressed up as a legal one.
The Legal Effect of the Decision
The tribunal ordered that all actions taken to remove Orwoba from UDA be cancelled. It directed the Registrar of Political Parties not to delete her name from the party register. It also stopped the party from taking further disciplinary steps against her without following proper legal procedure.
However, the matter of her Senate seat is not yet settled. Her replacement has already been sworn in, and Orwoba has now turned to the High Court to challenge the validity of that swearing-in. She argues that it was unconstitutional to replace her while the question of her membership was still before the tribunal.
The Law and Past Cases
The Constitution of Kenya 2010 protects the right to fair hearing under Article 50 and the right to fair administrative action under Article 47. Political parties, though private associations, must still respect these constitutional standards when disciplining their members.
Kenyan courts have in the past stressed the need for fairness in disciplinary processes. In Geoffrey Andare v Kenya Posts and Telecommunications Corporation [2000], the High Court in Nairobi held that an employer cannot dismiss a worker without giving them a chance to be heard. The same principle applies to political parties.
In Musikari Kombo v The Orange Democratic Movement [2017], the High Court reminded parties that expulsion of members is a serious step that must comply with the law and the party constitution. The court ruled that failure to follow procedure renders such decisions null.
Why the Case Matters
This ruling is important because it shows that even powerful political parties must operate within the law. Expulsions carried out without fair procedure can be overturned. The decision also emphasizes the role of the Political Parties Disputes Tribunal in protecting members against unfair treatment.
The case demonstrates that justice applies even in political organizations. Any person who feels that a decision against them was reached unfairly can seek relief before the tribunal or the courts.
Sources
- The official ruling of the Political Parties Disputes Tribunal in Nairobi, delivered in August 2025, in the case of Gloria Orwoba against the United Democratic Alliance and others, Complaint Number E006 of 2025.
- Records from the Kenya Law Reports, which publish decisions of the Political Parties Disputes Tribunal and the High Court.
- News reports carried by Nation, The Star, Citizen Digital, Kenyans.co.ke and NTV Kenya in August 2025, which covered the tribunal’s decision and the swearing in of Consolata Nabwire as a nominated senator.
- The Constitution of Kenya 2010, especially Article 47 on fair administrative action and Article 50 on the right to a fair hearing.
- Previous court cases on fair hearing and fair administrative action, including Geoffrey Andare versus Kenya Posts and Telecommunications Corporation in the year 2000, and Musikari Kombo versus the Orange Democratic Movement in 2017.
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