Tribunal upholds Sifuna's removal as ODM Secretary-General

Nairobi Senatior Edwin Sifuna. [Courtesy]

The Political Parties Disputes Tribunal has upheld the removal of Edwin Sifuna as Secretary-General of the Orange Democratic Movement (ODM), dismissing his third attempt to challenge his ouster from the position.

In a judgment delivered on Thursday, the Tribunal ruled that ODM’s National Executive Committee (NEC) had the authority to establish a panel to hear the disciplinary case against Sifuna and that he was accorded a fair hearing during the process.

Sifuna had argued that disciplinary matters involving party members were reserved for the party’s Disciplinary Committee established under Article 78 of the ODM Constitution.

He maintained that the panel constituted by the NEC to handle his case was unconstitutional and lacked the authority to recommend his removal.

The Tribunal, however, rejected the argument, finding that the NEC had broad powers under Article 51(3)(f) of the party constitution to establish committees for specific tasks and determine their terms of reference.

“In the absence of a clear provision preventing the NEC from delegating its powers to a subcommittee, then it cannot be faulted for creating the panel that heard the complainant’s (Sifuna) case,” the Tribunal held.

The Tribunal noted that the NEC had not explained why it bypassed the Disciplinary Committee when it resolved on March 4, 2026, to constitute the panel.

“Whether by design or default, the respondent’s (ODM) NEC disregarded the jurisprudence principle,” the Tribunal said.

However, it ruled that the decision did not render the panel unlawful.

The Tribunal further found that the NEC retained administrative and supervisory powers over the party’s committees, including the Disciplinary Committee.

It said the existence of the Disciplinary Committee did not bar the NEC from appointing another body to assist it in executing its functions.

Sifuna had also challenged the disciplinary proceedings on grounds that he was given only four days to respond to a notice to show cause, with the period falling over the Easter weekend.

The Tribunal nevertheless found that the disciplinary process met the requirements of a fair hearing, paving the way for Sifuna’s removal from the powerful party position to stand.