ODM claims victory after Tribunal clears way for fresh disciplinary action against Sifuna

The Orange Democratic Movement (ODM) has weighed in on the judgment by the Political Parties Disputes Tribunal (PPDT) which found that the party had violated Secretary General Edwin Sifuna's right to a fair hearing in the disciplinary process that had been initiated against him.

The Dr. Oburu Oginga-led ODM, at the same time, welcomed the PPDT's decision allowing the party to proceed with disciplinary proceedings against Sifuna.

In a statement issued by Executive Director Oduor Ong’wen after the ruling, ODM said the Tribunal had dismissed an application filed by Sifuna and directed the party to proceed with and conclude any disciplinary proceedings lawfully initiated against him.

“This afternoon, the Tribunal dismissed Senator Sifuna's application, reaffirming the principle that internal party processes should be allowed to run their course without undue interference,” Ong’wen said.

“Consequently, the Tribunal directed the Party to proceed with and conclude any disciplinary proceedings lawfully initiated against the Senator. All interim orders that the Senator had obtained were consequently vacated.”

The party described the ruling as a significant reaffirmation of the doctrine of exhaustion, which requires parties to first exhaust available internal dispute resolution mechanisms before seeking intervention from external adjudicative bodies.

“Indeed, as it had held in its ruling of 26th March 2026, the Tribunal reiterated that the dispute before it was premature, noting that the Party's Internal Dispute Resolution Mechanism had not been exhausted,” Ong’wen stated.

“The decision underscores the importance of respecting and allowing political parties to exercise their constitutionally and statutorily recognised mandate to manage their internal affairs in accordance with their constitutions and governing rules.”

The Tribunal on Thursday ruled in favour of Sifuna in finding that ODM had violated his right to a fair hearing in the disciplinary process that had been initiated against him.

In that ruling, the PPDT held that ODM failed to adhere to the principles of procedural fairness, rendering the disciplinary steps taken against the Secretary General procedurally unfair.

However, the Tribunal clarified that its decision did not bar ODM from taking disciplinary action against Sifuna and stated that the party was free to institute and conclude fresh disciplinary proceedings, provided they complied with the law, the party constitution and its internal rules.

The dispute dates back to February 11, 2026, when ODM’s National Executive Committee (NEC) initiated a process to remove Sifuna as Secretary General.

According to ODM, Sifuna moved to the Tribunal a day later and obtained interim orders restraining the party from commencing any process aimed at his removal pending the hearing and determination of the dispute.

The party noted that in a ruling delivered on March 26, 2026, the Tribunal dismissed Sifuna’s application and directed both parties to subject themselves to ODM’s Internal Dispute Resolution Mechanism (IDRM), including the party’s constitutional right to institute disciplinary proceedings.

ODM further stated that before the internal process could proceed, Sifuna returned to the Tribunal seeking orders to stop the disciplinary process.

The party said the Tribunal subsequently clarified on April 9, 2026, that ODM was at liberty to proceed with, hear and determine disciplinary proceedings against Sifuna, but could not communicate or implement any decision arising from the process until the application challenging the IDRM process had been heard and determined.

The ruling means ODM can now proceed with disciplinary action against Sifuna through its internal mechanisms, subject to due process requirements.