A growing internal dispute within ODM has taken a legal turn after Nairobi Senator Edwin Sifuna moved to assemble a team of senior advocates to challenge his removal as secretary general, insisting the decision was not only unfair but also contrary to the party’s own rules.
The disagreement now shifts into the party’s internal structures, following orders from a dispute tribunal that instructed the matter to be handled within ODM before any further legal steps can be taken.
Sifuna, who is also a lawyer, has brought on board senior counsels John Ohaga, Jane Onyango and Zehrabam Janmohamed to represent him in the matter, indicating the seriousness with which he is treating the dispute.
Through a letter dated April 1, sent via his advocate and former Law Society of Kenya president Isaac Okero, he maintains that his removal should be cancelled.
“By a resolution of the party’s National Executive Committee on February 11, the party purported, unlawfully and irregularly, to remove our client as secretary general of the Orange Democratic Movement party,” the letter states.
“Our client is aggrieved by that decision and hereby declares a dispute under Article 88 of the ODM Constitution.”
The senator had earlier gone to the Political Parties Dispute Tribunal to contest his removal, arguing that the process used by ODM went against both the party constitution and the Political Parties Act. He maintained that proper procedures were not followed and that the decision to remove him was therefore invalid.
The tribunal, however, directed that ODM and Sifuna first exhaust the party’s internal dispute resolution channels in good faith before the matter can proceed further. As part of its directions, it also instructed that the removal should not be filed with the Registrar of Political Parties while internal processes are ongoing.
ODM has since acknowledged receipt of Sifuna’s letter seeking arbitration. The party’s head of legal affairs Tony Moturi said consultations are ongoing within the party, and a response will follow through the established internal processes.
“I saw the letter. The party has not responded to him. The party will proceed to its processes,” Moturi said.
He further noted that Sifuna cannot direct the party on the specific method to use in resolving the dispute, explaining that internal dispute resolution involves several options. According to him, arbitration is only considered after other internal steps have been explored and exhausted.
ODM deputy national chairman Otiende Amollo also weighed in on the matter, saying that the National Executive Committee is responsible for determining how the issue will be handled. He emphasized that the party remains committed to following the law and its own constitution in addressing the disagreement.
“As a political party, and as reiterated in our SDC, we respect the rule of the law,” he said.
He added that the NEC has already acknowledged the tribunal’s directions and will ensure compliance as required, noting that the next steps will depend on internal deliberations.
“How that resolution mechanism will proceed is a function of the party constitution and the disciplinary committee,” he said.
Amollo further pointed out that the NEC may choose to refer the matter to the party’s disciplinary committee, which is chaired by former Siaya Governor Cornell Rasanga, although that decision will depend on upcoming discussions within the party leadership.
For now, the dispute remains within ODM’s internal structures, with both sides preparing for what could become a prolonged and closely watched process over the party’s top administrative position.
