Sifuna heads back to court over fresh ODM ouster

Nairobi Senator Edwin Sifuna. [Elvis Ogina, Standard]

Nairobi Senator Edwin Sifuna has announced that he will return to court to challenge a fresh decision by the Orange Democratic Movement (ODM) National Executive Committee (NEC) removing him as the party's Secretary General.

Sifuna insisted the move is unlawful and mirrors an earlier attempt that was recently quashed by the Political Parties Disputes Tribunal (PPDT).

Speaking during a press briefing in Parliament buildings by Linda Mwananchi Movement on Tuesday, led by Suba South lawmaker Caroli Omondi and attended by, among others, Sifuna, Kitutu Chache lawmaker Anthony Kibagendi and Clive Gisairo (Kitutu Masaba), the team said their lawyers had advised him to once again seek the intervention of the courts.

"On the face of it, the decision bears similarities with the first one in February and is procedural and unfair and contrary to the party's constitution," said Omondi.

"After consultation with our legal teams earlier this morning, it has been decided to once again test the propriety of the purported ouster in the courts because we are convinced it should suffer the same fate as the first one in February," Omondi added while reading the movement's statement on behalf of its leaders.

The fresh announcement comes a day after the ODM NEC resolved to remove Sifuna from office after adopting a report by the party's Internal Disputes Resolution Committee (IDRC).

According to the party, the committee investigated complaints against Sifuna in his capacity as Secretary General before recommending his removal, a recommendation that the NEC unanimously endorsed.

In February, the party had also voted to remove Sifuna, citing concerns over his conduct and accusing him of repeatedly communicating positions that contradicted those of the party leadership. At the time, ODM maintained that the action was in line with its constitution and internal disciplinary processes.

However, Sifuna successfully challenged that decision before the Political Parties Disputes Tribunal. Last week, the PPDT ruled that ODM had failed to accord him a fair hearing before removing him from office. The tribunal found that the agenda for the NEC meeting did not include discussion of Sifuna's conduct and that there was no evidence he had been notified of any disciplinary proceedings or allowed to defend himself before the decision was taken.

Consequently, the tribunal overturned the party's decision to remove him.

With the latest NEC resolution now in place, Sifuna says he expects the courts to similarly nullify what he describes as another unconstitutional and procedurally flawed attempt to force him out of office.