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

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

Kenya’s Political Parties Disputes Tribunal has dismissed a petition filed by Nairobi Senator Edwin Sifuna contesting his removal as Secretary-General of the Orange Democratic Movement (ODM), dealing a significant setback to a dissenting faction within the party.

In a ruling delivered on Thursday, March 26, Acting Chairperson Gad Gathu determined that the tribunal lacked jurisdiction to hear the dispute at this stage because internal party mechanisms had not been exhausted.

The decision means Sifuna must first pursue redress through ODM’s Internal Dispute Resolution Mechanisms (IDRM) before seeking intervention from external adjudicative bodies.

“The complainant and the first respondent shall attempt to resolve the dispute through the first respondent’s IDRM mechanisms,” Gathu ruled.

“Parties are encouraged to submit to IDRM in good faith,” he added, emphasising the importance of internal party processes in resolving political disputes.

Tribunal cites lack of jurisdiction

The tribunal further clarified that it does not have the authority to waive the legal requirement for parties to attempt internal resolution first, as stipulated under the Political Parties Act.

“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,” Gathu stated, referencing Section 40(2) of the law.

Legal analysts say the ruling underscores a broader principle in Kenyan political law that party disputes should initially be handled within party structures before escalating to national bodies or courts.

Background to the dispute

Sifuna moved to the tribunal seeking to block his removal from the influential Secretary-General position following a resolution by ODM’s National Executive Committee (NEC) on February 11.

The NEC decision sparked internal tensions within the party, with some leaders backing the move while others condemned it as politically motivated.

Observers note that the Secretary-General post is critical to party operations, including strategy, communication, and coordination of national activities.

The fallout has exposed divisions within ODM ahead of upcoming political realignments.

Upcoming party convention

The party is preparing for a National Delegates Conference (NDC), where key leadership and policy issues are expected to be addressed. Among the matters reportedly on the agenda is the reinstatement of Oburu Odinga to a senior party leadership role.

Sifuna’s ouster is also expected to feature prominently in deliberations, potentially shaping the party’s direction in the lead-up to future elections.

However, a dissenting faction known as the “Linda Mwananchi” movement has announced plans to boycott the official gathering and instead convene a parallel meeting on Friday.

Deepening internal divisions

Political analysts warn that competing conventions could further entrench divisions within ODM, one of Kenya’s largest opposition parties.

The tribunal’s ruling effectively buys time for internal negotiations but also places pressure on party organs to resolve the dispute swiftly to avoid prolonged uncertainty.

Supporters of Sifuna argue that his removal undermines democratic principles within the party, while critics maintain that leadership changes fall within the NEC’s mandate.

Implications for party unity

The outcome of the internal dispute resolution process will likely determine whether the matter returns to the tribunal or proceeds to higher courts.

For now, the decision signals judicial restraint in political party conflicts, reinforcing the autonomy of party structures while encouraging dialogue.

As ODM navigates one of its most turbulent internal episodes in recent years, the stakes extend beyond individual positions to the broader cohesion of the party and its role in Kenya’s evolving political landscape.

Whether the competing factions can reconcile or move toward a formal split remains uncertain, but the tribunal’s ruling ensures that the next phase of the battle will unfold within the party’s own corridors before reaching the national stage.

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