Tribunal Declines to Hear Case on Sifuna’s Removal as ODM Secretary General
The Political Parties Disputes Tribunal has thrown out a case that was seeking to challenge the removal of Nairobi Senator Edwin Sifuna as the Secretary General of the Orange Democratic Movement (ODM).
This decision is seen as a significant setback for the Linda Mwananchi faction within the party, which had been backing Sifuna.
In its ruling delivered on Thursday, March 26, the tribunal, through its acting chairperson Gad Gathu, stated that it could not hear the case because it did not have the legal authority to do so at this stage.
The tribunal explained that Sifuna had moved too quickly to file the case without first trying to resolve the dispute using ODM’s Internal Dispute Resolution Mechanisms (IDRM), which are required before escalating such matters.
Gathu emphasized that party members must first exhaust internal processes before seeking external legal intervention. He directed both Sifuna and the ODM party to return to the party’s internal structures and attempt to settle the disagreement in good faith.
According to him, the tribunal does not have the power to bypass this requirement, as clearly outlined under Section 40(2) of the Political Parties Act.
“The complainant and the respondent must first attempt to resolve this matter through the party’s internal systems,” Gathu stated.
“This tribunal cannot assume jurisdiction unless those internal mechanisms have been fully exhausted,” he added, reinforcing the importance of following due process.
Sifuna had approached the tribunal in an attempt to block his removal from the powerful position of Secretary General.
His ouster followed a resolution made by ODM’s National Executive Committee (NEC) on February 11, where members concluded that his conduct warranted immediate removal from office.
The announcement of his dismissal was made by ODM’s acting Secretary General Catherine Omanyo, who confirmed that the NEC had reached the decision after internal deliberations. She stated that the resolution took effect immediately, signaling a major leadership shift within the party.
However, shortly after the decision, the tribunal had temporarily halted the implementation of the removal. It issued orders suspending the gazettement of Sifuna’s ouster, allowing time for the case to be heard and determined.
This initial move had given the Nairobi senator some temporary relief and hope that the decision could be overturned.
The latest ruling now changes the direction of the dispute, pushing it back into ODM’s internal structures rather than allowing it to proceed in a legal forum.
This development comes at a critical time for the party, just hours before a highly anticipated Special Delegates Convention scheduled for Friday, March 27, at the Jamhuri Grounds in Nairobi.
The meeting is expected to address several pressing issues within the party, including leadership changes and internal disagreements.
Among the key matters expected to be discussed is the possible reinstatement of Oburu Odinga to a senior leadership role within the party.
Sifuna’s removal is also likely to feature prominently in the discussions, given the divisions it has caused among members.
At the same time, the Linda Mwananchi faction has openly opposed the planned convention. The group has announced that it will boycott the meeting and instead organize a parallel National Delegates Convention on the same day.
This move highlights the growing divisions within ODM and signals a deepening internal conflict that could shape the party’s future direction.
Overall, the tribunal’s decision does not settle the dispute but instead redirects it back to ODM’s internal systems.
The coming days, especially during and after the convention, are expected to play a crucial role in determining how the party resolves the ongoing leadership wrangles.
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