Blow to Sifuna as Tribunal strikes out petition for his reinstatement as ODM Sec Gen

Edwin Sifuna’s petition seeking his reinstatement as Orange Democratic Movement secretary general has been struck out after the Political Parties Disputes Tribunal (PPDT) ruled that it lacks jurisdiction to hear and determine the matter.

In its decision, the tribunal directed Sifuna, ODM, and other involved parties to resolve the dispute through the party’s internal alternative dispute resolution mechanism (ADRM) in good faith.

The tribunal further ruled that Sifuna’s removal as secretary general of ODM should not be filed with the Registrar of Political Parties pending the hearing and determination of the dispute before the internal dispute resolution mechanism (IDRM).

At the same time, the tribunal noted that its orders should not prejudice ODM’s right to institute or conduct disciplinary proceedings, provided these are carried out in strict compliance with the party’s constitution.

The ODM National Executive Committee (NEC) meeting held in Mombasa on February 11, 2026, resolved to remove Sifuna from office, citing concerns about discipline within the party’s senior leadership.

The NEC meeting, chaired by party leader Dr Oburu Oginga, went on to install ODM Deputy Secretary General and Busia Woman Representative Catherine Omanyo to serve as acting Secretary General until a substantive office holder is elected.

Sifuna, however, moved to the PPDT the following day, where he secured a win after the Tribunal halted attempts to remove him from office.

The Tribunal further barred the respondents from publishing the resolution to oust Sifuna in the Kenya Gazette, a critical step that would have formalised and effected his removal.

His removal has triggered intense political debate within ODM ranks, with allies terming the move irregular and politically motivated.

ODM later raised a preliminary objection seeking to have a complaint filed by Sifuna at the PPDT struck out, arguing that the dispute is premature and the tribunal lacks jurisdiction.

In the complaint, Sifuna had sued ODM and the Registrar of Political Parties as the first and second respondents, seeking the tribunal’s intervention in a matter understood to touch on internal party governance and decisions of the party’s NEC.

However, ODM - through Makori & Karimi Advocates - argued that the tribunal is barred from entertaining the dispute under Section 40(2) of the Political Parties Act.

The party said disputes under Section 40(1)(a)-(e) cannot be heard by the PPDT unless they have first been subjected to and determined through a party’s Internal Dispute Resolution Mechanisms (IDRM).

ODM maintained that the issues raised by Sifuna concern internal governance and are therefore subject to mandatory prior exhaustion of internal party structures.

The party argued that Sifuna has neither pleaded nor demonstrated that he invoked or exhausted ODM’s internal mechanisms, nor shown exceptional circumstances that would justify bypassing them.

With the extension of the freeze, the Tribunal effectively reinstated and protected Sifuna’s position as Secretary General, at least temporarily until the dispute is fully heard and determined.