Political Parties Tribunal Dismisses Case Challenging Sifuna’s Ouster as ODM SG

The Political Parties Disputes Tribunal has thrown out a case contesting the removal of embattled Nairobi Senator Edwin Sifuna as the Orange Democratic Movement (ODM) secretary-general, dealing a significant setback to the Linda Mwananchi faction of the party.

Delivering the ruling on Thursday, March 26, the tribunal’s acting chairperson, Gad Gathu, said the tribunal had no jurisdiction to handle Sifuna’s case after establishing that he moved to the tribunal without first trying to settle the matter through ODM’s Internal Dispute Resolution Mechanisms (IDRM).

As a result, the tribunal directed Sifuna and the ODM party to first seek a solution through the party’s IDRM before taking the matter any further at the tribunal.

“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,” Gathu stated.

“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,” he added.

The Nairobi senator had moved to the tribunal in an effort to block his ouster as the party’s secretary-general after the ODM National Executive Committee (NEC) resolved to remove him from the post on February 11.

“Having deliberated on matters relating to the conduct of Secretary General Edwin Sifuna, the NEC resolved to remove him from office effective immediately,” said ODM Acting SG Catherine Omanyo.

A day later, the Political Parties Disputes Tribunal ordered the immediate suspension of the gazettement of Sifuna’s removal pending the hearing and determination of the matter, offering the senator temporary relief.

“That pending the hearing and determination of this instant application, inter partes, this honourable tribunal hereby issues orders staying the implementation of the Resolution made by the National Executive Committee of the Orange Democratic Movement Party,” the court ruled.

The decision comes just hours before the planned ODM Special Delegates Convention set for Friday, March 27, at Jamhuri Grounds in Nairobi.

The party is expected to deliberate on a number of issues affecting ODM, including the reinstatement of Oburu Odinga as party leader, with Sifuna’s removal also expected to feature in the discussions.

However, the dissenting Linda Mwananchi faction has announced that it will boycott the convention and instead stage a parallel NDC on Friday.