The Political Parties’ Disputes Tribunal (PPDT) has dismissed a case challenging the removal of Nairobi Senator Edwin Sifuna as the Orange Democratic Movement (ODM) secretary general.
In a ruling on Thursday, March 26, the PPDT ruled that Sifuna should engage the party’s internal mechanisms before the matter can proceed further before the tribunal.
The tribunal also directed that the removal of Sifuna as ODM SG should not be filed with the Office of the Registrar of Political Parties pending the hearing and determination of the dispute through the IDRM.
“The complainant and the first respondent shall attempt to resolve the dispute through the first respondent’s IDRM mechanisms. Parties are encouraged to submit to IDRM in good faith,” the ruling read.
The tribunal also said it does not have the jurisidction to preside over the matter before it has been handled by ODM’s IDRM.
“The Tribunal therefore finds that it does not have powers to exempt a dispute from the requirement to attempt IDRM and thus cannot assume jurisdiction to hear and determine this dispute under the provisions of Section 40, Subsection 2 of the Political Parties Act,” the ruling added.
Sifuna had moved to PPDT to challenge his removal as the ODM Secretary General, arguing that the decision was unlawful and violated the party constitution and the Political Parties Act.
Sifuna was removed from the position on Wednesday, February 10 following a National Executive Council meeting chaired by ODM leader Oburu Oginga.
The Nairobi Senator was replaced by Busia Women’s representative Catherine Omanyo in an acting capacity.
“The Party National Executive Committee meeting in Mombasa today has resolved to relieve SG Edwin Sifuna of his responsibilities with immediate effect. Effectively, Hon. Catherine Omanyo, who is one of the Deputy Secretary Generals, will act in this position until a substantive holder of the office is elected,” ODM stated.
Meanwhile, the tribunal further found that ODM's own constitution, under Article 88, provided a clear and functional avenue for resolving the dispute internally, including through arbitration, fatally undermining Sifuna's argument that internal mechanisms were unavailable or ineffective.
The tribunal threw Sifuna a partial lifeline by invoking its inherent jurisdiction to prevent ODM from immediately formalising his removal with the Registrar of Political Parties.
"This tribunal retains inherent jurisdiction to meet the ends of justice and prevent abuse of its process," the bench stated.
"As a show of good faith, the removal of the complainant as Secretary General of the First Respondent should not be filed with the Second Respondent pending the attempt at IDRM and without prejudice to the First Respondent's right to institute or conduct disciplinary proceedings in strict compliance with its constitution and all applicable laws."
