My removal from office illegal, Sifuna tells tribunal

 ODM Secretary General Edwin Sifuna urged the tribunal to quash the February 11 resolution that purported to remove him from office. [File, Standard]

The ODM party and its Secretary General Edwin Sifuna on Thursday clashed before the Political Parties Disputes Tribunal.

Sifuna urged the tribunal to quash the February 11 resolution that purported to remove him from office, describing it as flawed, unconstitutional and procedurally defective.

ODM, on the other hand, argued the process was lawful and that Sifuna had jumped the gun by filing the case before the party's internal mechanisms were exhausted.

"The legendary English barrister George Carman QC famously said of the politician David Mellor, and I quote, 'He behaved like an ostrich and put his head in the sand, thereby exposing his thinking parts.' This quote captures precisely the conduct of the Orange Democratic Movement party in how it has treated its Secretary General in this matter," Sifuna's lawyer Isaac Okero told the tribunal.

At the heart of the complaint is Article 74 of the ODM constitution, which requires the National Executive Committee (NEC) to give an office bearer adequate notice and an opportunity to respond to allegations before effecting a removal.

Okero submitted that these requirements were flouted entirely in Sifuna's case.

"Sub-article 3 of Article 74 provides that before the NEC can exercise its power of removal, it must grant the person in office adequate opportunity to defend against any allegations. Non-compliance taints any proceeding for removal with illegality," he argued.

Sifuna was, according to his lawyer, notified of allegations only on February 21, 10 days after the NEC resolution was passed.

His ouster, he further alleged, was not even listed as an agenda item at the February 11 Mombasa meeting, which was scheduled to discuss routine party matters including confirmation of minutes, Azimio coalition developments, and preparations for a National Delegates Convention.

Okero also challenged ODM's claim that its internal dispute resolution mechanism had been followed, noting that the resolution was publicly communicated via the party’s X handle, which contradicted the requirement for an internal process.

"An internal dispute resolution mechanism must be internal. By making a publication to the entire public, how can the first respondent claim that the proceedings were part of an internal dispute resolution?" he said.

The lawyer argued that NEC acted outside its powers, rendering the resolution to replace the Nairobi Senator with his deputy, Catherine Omanyo, flawed and null and void.

The Orange party, however, insisted it followed the lawful process, pointing to a pattern of conduct they described as inimical to party discipline and cohesion.

ODM counsel Samuel Makori, Ken Amondi and Tom Kajwang' argued that no final decision had been made and that the Senator had pre-empted the process.

"If the decision was final, it would have been ratified. It has not been ratified," Makori said, adding that Sifuna had admitted in his own pleadings that he never attempted to invoke the party's internal dispute resolution mechanisms.

Amondi cited the conduct that the party says justified initiating removal proceedings against Sifuna. These included reading and acknowledging a Central Committee resolution of October 27, 2025, endorsing Dr Oburu Oginga as party leader, only to later contradict the decision in multiple public forums.

Sifuna is further accused of undermining party decisions, failing to respect the internal hierarchy, and disregarding instructions from party organs.

"The complainant's conduct is inimical to an ordered and disciplined ODM party, so that the first respondent's ODM National Executive Committee had a reasonable basis for initiating the removal proceedings. We honestly submit that the complainant's constitutional and statutory rights have not been infringed or violated," Amondi told the tribunal.

He argued that Sifuna's rights under Article 74 had not been violated because the party process was still ongoing.

"The internal appellate architecture of the ODM party has not been fully exercised and for those reasons we submit that this complaint is premature and is for dismissal," added Kajwang'.

Sifuna is seeking orders declaring the resolution null and void, an injunction barring ODM and the Registrar of Political Parties from implementing it, and costs of the case.

The tribunal, led by Acting Chairperson Gad Gathu, is scheduled to deliver its judgement on March 26.