ODM says Sifuna approached court before party dispute process

Nairobi Senator Edwin Sifuna/HANDOUT

The Orange Democratic Movement (ODM) claims Secretary General Edwin Sifuna moved to court before using the party's Internal Dispute Resolution Mechanisms (IDRM).

On February 12, 2026, the Political Parties Disputes Tribunal (PPDT) suspended Sifuna’s removal as ODM secretary general pending hearing and determination of a case he filed.

Sifuna challenged the ODM National Executive Council (NEC), citing concerns that its actions did not follow the party’s rules, the Political Parties Act, or the Kenyan Constitution in relation to his removal as Secretary General.

ODM maintains that the NEC followed a constitutionally anchored internal process consistent with principles of natural justice and fair administrative action, and contends that the SG approached the court before the disciplinary process could be initiated.

“That before the NEC could issue the formal Notice contemplated under Article 74(3) and trigger the structured IDRM of the Party, Sifuna moved to Court and obtained conservatory orders restraining the ODM from proceeding further. This action effectively halted a process that was still in its formative stage,” ODM says in its response to the case.

Accordingly, under Section 40(2) of the Political Parties Act, ODM says Sifuna should have gone through IDRM under the ODM Party Constitution prior to approaching the PPDT.

“The doctrine of exhaustion requires parties to exhaust available remedies before resorting to court action, and therefore this Honourable Tribunal has no jurisdiction to entertain this matter,” ODM says in a response to Sifuna’s application.

ODM, through Halima Daro, the party’s Secretary for Special Interest Groups in the NEC, asked the Tribunal to dismiss the case for lack of jurisdiction.

“A Preliminary Objection has been filed and served with this Affidavit, and the ODM prays that this Complaint be struck out with costs,” Ms Daro said.

The NEC member said in its response dated February 21, 2026, that the process regarding Sifuna’s removal arose from concerns over how he communicated the Party's position on several issues, which the party says led to differing interpretations of its stance.

One of the points considered by the party was a Central Committee meeting held at Entim Sidai in Karen, where Sifuna’s conduct during his interview on Citizen TV’s The Explainer, hosted by Yvonne Okwara on or about July 22, 2025, was discussed.

ODM says Sifuna also raised concerns about the endorsement of his Siaya counterpart as Acting Party leader following the late Raila Odinga’s passing.

Although the SG was not at the first meeting proposing Oburu Oginga’s appointment, ODM says he attended a subsequent meeting on October 27, 2025, at the Dusit Hotel, where he read resolutions supporting the decision.

“The meeting endorsed the position taken by NEC. The Complainant, who in his capacity as Secretary General read the resolution endorsing Hon. Dr Oburu Oginga as the new Party Leader. The Complainant further urged the Party rank and file to accord the new leader all the necessary support and cooperation.”

ODM says the National Governing Council (NGC) held a meeting on November 13, 2025, in Mombasa, approving Oburu Oginga as the ODM Party Leader, in a ceremony presided over by Sifuna.

“Notwithstanding being an active participant in the afore-stated decisions by the ODM Party CMC, NEC and NGC, the Complainant on numerous instances made public statements that differed from the said positions, leading to varied interpretations given his role as the Party spokesperson, which envisages him as the person to articulate party positions clearly.”

ODM adds that the differing public statements have affected the National Secretariat’s operations, which rely on guidance from the Secretary General to implement party decisions and coordinate programmes.