ODM's bid to block tribunal hearing in Sifuna ouster case fails

The Orange Democratic Movement (ODM) has suffered a setback after the Political Parties Disputes Tribunal (PPDT) dismissed a preliminary objection seeking to stop proceedings in a case filed by Nairobi Senator Edwin Sifuna challenging internal party actions against him.

In a ruling delivered on Tuesday by Chairperson Gad Gathu, the tribunal held that the issues raised by ODM could not be determined at the preliminary stage as they required a full examination of facts and evidence.

The dispute stems from Sifuna’s second attempt before the PPDT, in which the Nairobi Senator seeks protection from removal as ODM Secretary General, a position he holds within the party’s top leadership structure.

ODM had argued that the dispute ought to be resolved through the party’s internal dispute resolution mechanisms (IDRM) and disciplinary structures, and that the tribunal should not intervene at this stage.

However, the panel found that such arguments went beyond a procedural threshold and instead touched on substantive issues that must be addressed during a full hearing.

“We are of the view that these contentions oust the question of the decision from the purview of determination by a preliminary objection as it would call for an analysis and examination of facts and evidence,” the tribunal stated, adding that it had therefore dismissed the preliminary objection.

The ruling clears the way for Senator Sifuna’s case to proceed, in which he is seeking to be shielded from what he describes as attempts to remove him from his position as ODM Secretary General through internal party mechanisms.

However, while addressing a request for conservatory orders, the tribunal declined to halt the ongoing internal processes, including any disciplinary proceedings involving Sifuna and the party.

Relying on established jurisprudence, including principles set out in Supreme Court decisions on conservatory orders, the tribunal emphasised that at this stage it was not required to make final determinations on the merits of the case.

Instead, it stated that its role was limited to assessing whether the applicant had established a prima facie case that warranted further examination.

The tribunal found that Sifuna had met that threshold, noting that the question of whether his rights were violated through ODM’s internal resolutions required a response from the party.

“We do find that the complainant (Sifuna) has established a prima facie case,” the court ruled.

The matter has been set for mention on June 9, 2026, for further directions.

ODM had maintained that the tribunal should not interfere in internal party affairs at this stage, but the ruling now allows the case to proceed to a substantive hearing.