Nairobi Senator Edwin Sifuna's attempt to stop ODM from effecting his removal as the party's Secretary-General has suffered an early blow after the Political Parties Disputes Tribunal declined to suspend the process, allowing the Office of the Registrar of Political Parties to proceed with the next legal step as the dispute heads for a full hearing.
In a ruling delivered on Thursday, the Tribunal, chaired by Gathu Kiragu, rejected the Nairobi Senator's application seeking temporary orders to block the Registrar from gazetting the Orange Democratic Movement (ODM) National Executive Committee (NEC) resolution that removed him from office.
"The Tribunal declines to grant interim orders at this stage. The application shall be heard inter partes on July 21, 2026," the panel directed.
The decision means the statutory process can continue even as Sifuna's case challenging the June 22, 2026 NEC resolution remains before the Tribunal.
Sifuna, through Senior Counsel Isaac Okero, is contesting the legality of the disciplinary process that led to his removal, arguing that ODM's Internal Dispute Resolution Panel acted without jurisdiction and was biased when it recommended that he be removed from office.
He further argues that the proceedings violated Article 74 of the ODM Constitution, the Fair Administrative Action Act and Article 47 of the Constitution, which guarantees fair administrative action.
In the complaint, Sifuna wants the Tribunal to declare the NEC resolution unconstitutional, unlawful and invalid. He is also seeking orders permanently stopping both ODM and the Office of the Registrar of Political Parties from implementing or gazetting the decision.
ODM opposed the application, telling the Tribunal that Sifuna had been given an opportunity to defend himself but failed to actively participate in the disciplinary process.
"The complainant failed to participate in a process that was open, transparent and conducted in accordance with the party constitution," ODM submitted.
The party also maintained that the Tribunal has no jurisdiction to interfere because the NEC resolution has already been implemented internally and forwarded to the Registrar of Political Parties.
"The decision has already been submitted to a statutory body and is now outside the internal structures of the party," ODM argued.
Following the ruling, the Tribunal fixed July 21, 2026, for the inter partes hearing, where it will determine whether the process leading to Sifuna's removal complied with both the ODM Constitution and the law.