Nominated Senator Gloria Orwoba in Parliament on March 18, 2025 /SCREENGRABNominated Senator Gloria Orwoba on Tuesday walked out of the chamber after Speaker Amason Kingi refused to accept an apology she tendered to the House.
Orwoba had made her maiden appearance after serving a 30-day suspension arising from accusations that she made unsubstantiated allegations of sexual misconduct against some parliamentary officials.
The legislator had on February 12 been slapped with a 79-day suspension until May 1, but on February 26, the House reduced the period to 30 days saying she had shown remorse.
“The senator is apologetic of her conduct pursuant to sections 17(3)(d) and (g) of the Parliamentary Powers and Privileges Act, therefore the Senate resolves to vary its resolution suspending Senator Orwoba from the Senate and precincts of Parliament for 79 calendar days and reduces the suspension period to 30 calendar days,” said Majority Leader Aaron Cheruiyot.
Cheruiyot had moved the motion.
Upon her return on Tuesday, March 18, Kingi informed her that she was under obligation to tender an apology to fellow senators on the terms resolved by the Senate on September 20, 2023.
The speaker informed her that she was supposed to read an apology prepared for her by the House, which she declined and read her version.
"Mr Speaker, I Senator Gloria Orwoba hereby tender my unreserved apology to this Senate, I undertake that I shall abide by the responsibilities of leadership as set out in the constitution, the Leadership and Integrity Act, 2012 and the Parliamentary Powers and Privileges Act, 2017. I therefore beseech to be admitted to the chamber. I thank you."
Kingi told her that was not the apology as prescribed by the Senate report of September 20, 2023, which followed the recommendations of the Powers and Privilege Committee.
He said the recommendation read as follows: On resumption of the Senate sitting of the third session, the senator while at the bar apologises to the Senate, honourable senators, the clerk of the Senate and the secretariat of Parliament before being admitted to the Senate pursuant to section 17(3c) of the Parliamentary Powers and Privileges Act, 2017 in the following manner.
"I Senator Gloria Orwoba hereby tender my unreserved apology to the Senate, honourable senators, the clerk of the Senate and the secretariat of Parliament for having acted in a manner which pursuant to section 16(e) and paragraph 7 and 8 of the Fourth Schedule, to the Parliamentary Powers and Privileges Act, 2017, constituted a breach of parliamentary privilege and that reflected adversely on the dignity and integrity of Parliament and its members and was contrary to the best interests of Parliament and its members."
"I undertake that I shall abide by the responsibilities of leadership as set out in the constitution, the Leadership and Integrity Act, 2012 and the Parliamentary Powers and Privileges Act, 2017. I therefore beseech to be admitted to the chamber. I thank you."
Kingi told Orwoba that there was no room for her to change the wording of the apology as prescribed by the Senate and adopted by the plenary, "it cannot be amended, it's only Senate sitting in the plenary that can amend the wording".
Orwoba, however, declined to abide by the speaker's ruling arguing that doing so would be tantamount to incriminating herself.
She said considering the matter was still pending before the court, it would also amount to sub judice and assumption of guilt even before the court reaches a verdict.
"I have been advised Mr Speaker that the prescribed apology in the wording it has been put, I have been advised that it's self-incriminating and undermines my right to a fair process with the current court proceeding," she said.
Orwoba explained that she has consistently demonstrated remorse by repeatedly apologising to her colleagues and the House and it would be unfair to force her to read an apology that incriminates her.
"Mr Speaker, I don't know how else to appeal because as I stand here, I have sat out my suspension without pay, I have suffered the consequences of reporting issues and continue to suffer those consequences and I'm okay with that," she said.
"I don't understand in whose interest is a prescribed apology with a self-incriminating sentence. Mr Speaker I appeal to my colleagues in this House, I'm sorry. I don't know how else to say I'm sorry."
Speaker Kingi, however, told the senator that it's not up to him to vary the wording of the apology and that leaves her with only two options - apologise as prescribed by the Senate and be readmitted to the House or decline and walk out of the chamber until such a time she will deem it fit to apologise as prescribed.
Orwoba chose the latter, and amid tears, said: "I find that unfair, I still stand by my dignity and I stand where I'm, I have no option where you have left me but to walk away from my duties because I cannot read an incriminating on a matter that has not been investigated."
"This being the last statement that I make, I continue to stand by my statement and I want to say that it is truly unfair that an incriminating statement is being put in an apology so that I can tie myself down to something that has not been investigated."
And with that, Orwoba walked out of the chamber but with a word to the House that it may look okay now but the same thing could befall any of the senators in the future.
"I'm not going to trade a salary for something that has not been investigated. I can stay without the salary, I can stay without the position and I continue to say that it's unfair that someone who reported a matter is being taken through this."
