By Andrew Kariuki

Nominated Senator Gloria Orwoba has secured a crucial court victory after the High Court rejected an attempt by the United Democratic Alliance (UDA) to suspend a tribunal decision that invalidated her expulsion.

In its ruling delivered on April 13, 2026, the court declined to stop the enforcement of the Political Parties Dispute Tribunal (PPDT) judgment issued in August 2025, which had ruled that her removal from the party was unlawful.

UDA had moved to court arguing that the tribunal’s findings interfered with its internal disciplinary authority and party structures and warned that allowing the decision to stand would prejudice its appeal.

But Orwoba, through her lawyer Moses Mabeya, dismissed the application, describing it as “an afterthought, unmeritorious, mischievous, frivolous, incompetent and an abuse of the Court process.”

In its decision, the court underscored that granting a stay is not automatic, but depends on clear legal justification.

“It is trite that the power of the Court to grant stay of execution… is discretionary,” the judge stated, emphasizing that such discretion must be applied carefully.

A central issue in the case was whether UDA had demonstrated substantial loss, an essential requirement in such applications. The court found that it had not.

“Substantial loss… is the cornerstone of the Court’s jurisdiction for granting stay… without a demonstration of substantial loss, it would be rare that any other event would render the appeal nugatory,” the ruling read.

The court also dismissed UDA’s argument that the tribunal orders could not be implemented, rejecting claims that they were merely procedural.

“There were a raft of orders… with a directive element… it cannot be concluded that the orders… were negative and incapable of execution,” the judge held.

On a separate objection raised by Orwoba challenging the application, the court ruled that it did not meet the threshold required for a preliminary objection.

“A preliminary objection… must be founded upon a settled and crisp point of law,” the judge noted, adding that the issues raised required further factual examination.

The case stems from UDA’s decision in May 2025 to expel Orwoba, a move she challenged before the tribunal, which ruled in her favour and ordered her reinstatement.

The High Court further observed that even if UDA’s appeal succeeds, the party would still be able to pursue its disciplinary processes, meaning the appeal would not be rendered pointless.

With the application dismissed, the tribunal’s decision remains in force as the appeal continues, handing Orwoba a significant win in her ongoing dispute with the ruling party.

The court ordered each side to bear its own costs.