By Andrew Kariuki
The Political Parties Disputes Tribunal has dismissed a case challenging the removal of Edwin Sifuna as Secretary General of the Orange Democratic Movement (ODM), dealing a setback to the Linda Mwananchi faction within the party.
In a ruling delivered on Thursday, March 26, the tribunal’s acting chairperson Gad Gathu held that the tribunal lacked jurisdiction to hear the matter, citing failure by the complainant to first exhaust the party’s Internal Dispute Resolution Mechanisms (IDRM).
“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 ruled.
He further stated that the tribunal could not exempt the dispute from the requirement to first pursue internal mechanisms, as provided under Section 40(2) of 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 to hear and determine this dispute,” he added.
Sifuna had moved to the tribunal seeking to block his ouster following a February 11 resolution by the ODM National Executive Committee (NEC) to remove him from office.
ODM, through acting Secretary General Catherine Omanyo, maintained that the decision followed deliberations on Sifuna’s conduct.
“Having deliberated on matters relating to the conduct of Secretary General Edwin Sifuna, the NEC resolved to remove him from office effective immediately,” Omanyo stated.
Earlier, the tribunal had granted interim orders suspending the gazettement of Sifuna’s removal pending the hearing of the case, temporarily halting implementation of the NEC resolution.
“That pending the hearing and determination of this instant application, this honourable tribunal hereby issues orders staying the implementation of the resolution made by the National Executive Committee,” the tribunal had ruled at the time.
The latest decision now directs the parties back to ODM’s internal processes, effectively pausing the tribunal proceedings unless the dispute remains unresolved at the party level.
The ruling comes just hours before ODM’s Special Delegates Convention scheduled for Friday, March 27, at Jamhuri Grounds in Nairobi, where key party matters are expected to be discussed.
Among the issues on the agenda is the possible reinstatement of Oburu Odinga as party leader, alongside deliberations surrounding Sifuna’s removal.
Meanwhile, the dissenting Linda Mwananchi faction has announced plans to boycott the convention and instead hold a parallel National Delegates Convention, signaling deepening divisions within the party.
