The ODM party wants the Political Parties Dispute Tribunal to dismiss a case by its embattled Secretary General Edwin Sifuna, saying the application raises nothing new.

ODM lawyer Ken Amondi on Monday told the tribunal chaired by Gathu Kiragu that Sifuna’s case is essentially a reintroduction of an earlier dispute that had already been determined by the tribunal.

Amondi said the application is a reframed version of a previous case that failed to meet procedural thresholds. As such, the ODM party asked the tribunal not to allow "an attempt to revive" the same issues through a different legal approach.

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The party argued that Sifuna had not introduced any new material facts to justify reopening the dispute, insisting that the matter remains premature and improperly before the tribunal.

According to ODM, Sifuna had not fully exhausted the party’s internal dispute resolution mechanisms, a requirement under the law before invoking the tribunal’s jurisdiction. Amondi maintained that ODM’s disciplinary process is lawful and ongoing, and that the tribunal should not interfere with internal party affairs at this stage.

He opposed the request to suspend the party’s National Executive Committee (NEC) resolution and subsequent disciplinary procedures, arguing that granting such orders would disrupt the party’s governance structures and disciplinary mandate.

He urged the tribunal to uphold the preliminary objection and strike out the matter, warning that allowing the application would set a precedent where litigants repeatedly bring back the same disputes under different formulations.

However, Senior Counsel Isaac Okero, appearing for Sifuna, argued that the case was properly before the tribunal and had met all legal requirements, including attempts at internal dispute resolution. Okero challenged the legality of the NEC resolution made on February 11, 2026, arguing that it resulted in Sifuna’s removal as secretary general without notice or a hearing.

He described ODM’s approach as fundamentally flawed, stating that the party was ignoring clear constitutional provisions and due process requirements

“It is a characteristic… when faced with the adversity of adherence to the rule of law… the reaction is to place one’s head in the sand,” Okero told the tribunal as he criticized the party’s handling of the dispute.

He maintained that the resolution was immediate and self-executing, and that any subsequent disciplinary process could not cure what he termed as an initial violation of Sifuna’s rights.

The tribunal will on May 5 deliver a ruling on whether to grant conservatory orders halting the disciplinary process or allow ODM’s preliminary objection to have the case struck out.