Editor's Review

The Tribunal barred the implementation of the resolution by the ODM NEC to remove Senator Edwin Sifuna as SG.

The Political Parties Disputes Tribunal (PPDT) on Thursday, March 26, barred the implementation of the resolution by the ODM National Executive Council to remove Senator Edwin Sifuna as its Secretary General.

PPDT explained that the ODM party's internal dispute resolution mechanisms (IDRM) had not been exhausted before the final decision to remove Sifuna from office was made.

"The complainant (Sifuna) and the first respondent (ODM) shall attempt to resolve the dispute through the first respondent’s IDRM mechanisms. Parties are encouraged to submit to IDRM in good faith,” the tribunal ordered.

In addition, the PPDT directed that the removal of Sifuna as ODM SG should not be filed with the Office of the Registrar of Political Parties pending the hearing and determination of the dispute through the IDRM.

This means that Sifuna is still the ODM SG until the mechanisms have been exhausted and a decision reached.

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Consequently, the Tribunal struck out Sifuna's case challenging his ouster, explaining that it lacked the jurisdiction to preside over the matter.

A file image of PPDT Vice Chair Gad Gathu

The decision came 14 days after parties involved in the case made their submissions before the Tribunal on March 12. Lawyers representing ODM had asked the court to treat the matter as urgent.

Sifuna has always maintained that he was still the party SG. He argued that due process was not followed to eject him and replace him with Busia Woman Rep Catherine Omanyo, who took over in an acting capacity.

The judgment by PPDT was delivered a day before the ODM party's scheduled national delegates convention.

ODM Acting SG had announced that the NDC would be held on March 27 at the Jamuhuri Grounds.

Omannyo listed the agenda of the meeting, which includes the ratification of the National Governing Council Resolution on Party leadership and to deliberate on the National Executive Resolution on Article 87 of the Party Constitution.

However, the Linda Mwananchi faction led by Sifuna revealed that they would hold a parallel NDC at a venue to be disclosed later.

ODM Deputy Party Leader Godfret Osotsi claimed that the NDC was illegitimate and was a forum that the top leadership had already handpicked new leaders.

Party Chairlady Governor Gladys Wanga and Mombasa Governor Abdulswamad Shariff stated that Sifuna and his brigade were welcome to attend the NDC as they are members of the party.