Sifuna suffers setback as tribunal refuses interim orders in ODM ouster case

Nairobi Senator Edwin Sifuna will have to wait longer to challenge his removal as ODM Secretary-General after the Political Parties Disputes Tribunal declined to immediately suspend the party's decision, allowing the controversial leadership change to remain in effect ahead of a full hearing.

The Tribunal certified the matter as urgent but declined to issue conservatory orders at the initial stage, saying all parties must first be given an opportunity to present their arguments before any temporary relief can be considered.

As a result, the case has been scheduled for oral hearing on July 9, 2026, when officials from ODM and the Office of the Registrar of Political Parties are expected to respond to Sifuna's application.

The decision means the National Executive Committee (NEC) resolution adopted on June 22, 2026, removing Sifuna from the party's top administrative position, remains operational for now.

The Tribunal also declined to stop the Registrar of Political Parties from taking action based on the disputed resolution pending the hearing.

In the main case, Sifuna, through Senior Counsel Isaac Okero, is seeking a "declaration that the NEC resolution removing him from office is unconstitutional, unlawful and invalid."

He argues that the process leading to his removal breached Article 74 of the ODM Constitution, the Fair Administrative Action Act and Article 47 of the Constitution, which protects the right to fair administrative action.

The senator further contends that ODM's Internal Dispute Resolution Panel acted beyond its powers when it handled disciplinary proceedings against him and later recommended his removal.

According to his case, the panel lacked the legal authority to undertake the process, rendering both its findings and the subsequent NEC resolution invalid.

Sifuna is also seeking orders to "quash the panel’s findings and the NEC resolution, and to permanently bar ODM and the Registrar of Political Parties from implementing or gazetting any decision removing him from office."

He maintains that he was duly elected Secretary-General during ODM's National Delegates Convention held in December 2021 and that any attempt to remove him must strictly comply with the party's governing rules.

The senator has also cited an earlier decision of the Political Parties Disputes Tribunal that overturned a previous attempt to remove him, arguing that the latest action suffers from similar procedural and legal shortcomings.

ODM has strongly opposed the case.

In papers filed through Advocate Samuel Makori, the party argues that Sifuna is attempting to revive issues that have already been addressed through ODM's internal dispute resolution structures and previous proceedings before the Tribunal.

The party's position is outlined in a Replying Affidavit sworn by Halima Daro, ODM's Secretary for Special Interest Groups.

ODM argues that the earlier Tribunal ruling never prevented it from taking disciplinary action against Sifuna and instead recognised the party's right to proceed with a lawful process under its constitution and applicable laws.

According to the party, Sifuna was issued with a Notice to Show Cause, furnished with details of the accusations against him, given adequate time to prepare his response, represented by advocates and invited to participate in the disciplinary proceedings.

ODM says he chose not to respond to the substance of the allegations and therefore cannot claim that he was denied a fair opportunity to defend himself.

The party has also dismissed allegations that the disciplinary panel was either biased or improperly constituted, maintaining that the panel merely heard the matter and made recommendations, while the final determination was made by the NEC.

ODM further argues that political parties have a duty to enforce discipline and manage their internal affairs in accordance with their constitutions without having those functions taken over through external intervention.

The Tribunal is expected to hear arguments from all parties on July 9 before determining whether any interim relief should be granted as the dispute over the Secretary-General position continues.