Court of Appeal Suspends Gloria Orwoba Petition Pending Jurisdiction Review

The Court of Appeal has paused a petition by former nominated senator Gloria Orwoba while it considers whether the Employment and Labour Relations Court has the authority to hear the case.

The three-judge bench said the dispute raises significant constitutional and institutional questions, including whether issues touching on parliamentary powers and privileges fall within the labour court’s mandate. The judges found that the appeal filed by the Parliamentary Service Commission (PSC) and Clerk of the Senate Jeremiah Nyegenye is arguable and should be determined before the lower court delivers its judgment, which had been set for 18 December.

Orwoba filed the petition earlier this year, claiming that Parliament unlawfully stopped her salary and failed to act on her complaints of sexual harassment, discrimination and abuse of office. She argued that the decision to withhold her pay violated constitutional protections under Articles 40, 41 and 47, and sought damages as well as an order requiring the PSC to investigate her claims.

The Senate opposed the case, arguing that the labour court lacked jurisdiction because a nominated senator is not in an employer–employee relationship with the PSC. Its lawyers also said that similar matters had been addressed previously by the High Court.

In May, the labour court rejected those objections, ruling that the petition raised new issues that had not been heard before. It noted that the previous case dealt with suspension under the Parliamentary Powers and Privileges Act, while the current petition concerns allegations of harassment, discrimination and salary stoppage, and includes the PSC as a respondent for the first time. 

The court held that it had constitutional and statutory authority to hear the dispute because the claims arose in Orwoba’s workplace and related to her terms of service. The PSC and Mr Nyegenye then moved to the Court of Appeal, arguing that the labour court had exceeded its powers. 

They maintained that matters involving the discipline of Members of Parliament and the status of parliamentary seats fall under the exclusive jurisdiction of the High Court pursuant to Article 105 of the Constitution. In granting the suspension, the appellate judges stressed the need to clarify the boundary between judicial oversight and parliamentary autonomy. 

They said the issues raised in the appeal require full consideration before the labour court can proceed.