Political Parties Disputes Tribunal dismisses Sifuna’s challenge to ODM removal

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The Political Parties Disputes Tribunal (PPDT) has dismissed a petition by Nairobi Senator Edwin Sifuna challenging his removal as Orange Democratic Movement (ODM) Secretary‑General, on the basis that he failed to exhaust his party’s internal dispute resolution processes before turning to the courts.

In a ruling delivered on Thursday, the tribunal, headed by acting chairperson Mr Gad Gathu, said Sifuna’s complaint was premature because he did not first take his grievance through the ODM’s constitutionally provided dispute settlement channels.

“The complainant and the first respondent shall attempt to resolve the dispute through the first respondent’s Internal Dispute Resolution Mechanism (IDRM). Parties are encouraged to submit to IDRM in good faith,” the tribunal ordered.

What the tribunal found

Under the Political Parties Act, members who disagree with party decisions are required to first use the party’s own grievance processes before the tribunal can hear the matter.

Because Sifuna skipped this step, the PPDT said it lacked jurisdiction to determine the dispute and struck out the case, with each side ordered to bear its own legal costs.

What this means for Sifuna and his supporters

1. The tribunal did not rule on the merits of the removal

• The decision does not say whether Sifuna’s ouster was lawful or unlawful.
• It is strictly a procedural ruling, meaning the tribunal did not evaluate the substance of his complaint.

2. Sifuna must go back to the party’s internal process first

• He and ODM must now engage the party’s Internal Dispute Resolution Mechanism (IDRM).
• This means Sifuna has to present his case internally — through structures like the party’s disputes committee or NEC channels — before returning to the tribunal.

3. Supporters may see this as a setback

• For Sifuna’s backers, the ruling delays a definitive legal answer on whether his removal was fair.
• Instead of a court judgement, they now face a political process within ODM that may or may not favour Sifuna, depending on internal party dynamics.

4. A possible path forward if internal talks fail

• If Sifuna exhausts the internal mechanisms and remains dissatisfied, he can return to the PPDT with a refreshed case.
• The tribunal’s doors remain open — but only after the IDRM process is completed.

5. Timing and morale implications

• The ruling extends the dispute timeline, potentially weakening Sifuna’s momentum in the short term, especially among supporters eager for a court vindication.
• It also signals that intra‑party processes matter legally, not just politically.

Background of the dispute

The clash began when the ODM National Executive Committee passed a resolution removing Sifuna as Secretary‑General.

Sifuna argued that his removal violated the party constitution and the Political Parties Act, and sought intervention from the PPDT.

ODM countered that he had bypassed internal procedures that must be attempted before tribunal action.

This ruling does not settle whether Sifuna’s removal was right or wrong--it simply says he must start inside the party first before seeking relief at the tribunal.

For his supporters, it means more political engagement within ODM and a longer road before a legal resolution is reached.