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Senator Edwin Sifuna has urged the Political Parties Disputes Tribunal to quash the Orange Democratic Movement (ODM) decision to remove him as Secretary-General, describing the move as flawed and unconstitutional.
During Thursday’s hearing, Sifuna, through his lawyer Isaac Okero, argued that the party breached its own constitution and failed to provide him with adequate notice or an opportunity to defend himself before it passed the February 11 resolution purporting to expel him.
Okero argued that ODM invoked what he described as the doctrine of ostrich equivocation in attempting to remove Sifuna under Article 74 of the party constitution.
“Honourable Chair and members of the Tribunal the legendary English barrister George Carman QC famously said of the politician David Mellor, and I quote, he behaved like an ostrich and put his head in the sand, thereby exposing his thinking parts. This quote captures precisely the conduct of the Orange Democratic Movement party in how it has treated its Secretary-General, and how it is behaving before this Tribunal,” Okero told the tribunal.
He said the Article 74 sets out specific conditions for removal from office, including notice and an opportunity to respond to allegations.
“Sub-article 3 of Article 74 provides that before the NEC can exercise its power of removal, it must grant the person in office adequate opportunity to defend against any allegations. Non-compliance taints any proceeding for removal with illegality,” Okero submitted.
Sifuna was, according to his lawyer, notified of allegations only on February 21, 2026, ten days after the resolution purportedly removing him from office was passed.
“By paragraph 13 of the Supporting Affidavit of Sifuna, sworn on February 11, he sets out that he had not been notified of any allegations made against him, nor given any opportunity to defend himself,” Okero told the tribunal.
Okero further challenged claims that the party had followed an internal dispute resolution mechanism.
He said the resolution was publicly communicated via the party’s Twitter handle, which contradicted the requirement for an internal process.
“An internal dispute resolution mechanism must be internal. By making a publication to the entire public, how can the first respondent claim that the proceedings were part of an internal dispute resolution?” he asked.
The lawyer argued that the National Executive Committee acted ultra vires, rendering the February 11 resolution irredeemably flawed and null and void
The embattled Secretary General revealed that his ouster was never on the official agenda for the February 11 meeting, which was supposed to discuss routine party business including confirmation of minutes, the 10-point agenda implementation, Azimio coalition developments, and preparations for a National Delegates Convention.
“The Resolution was made without being an Agenda item of the meeting, notifying the Complainant of any complaint against him, issuing the Complainant with any Notice to Show Cause and giving him an opportunity to defend himself against any alleged misconduct,” Sifuna stated in his supporting affidavit.
He urged the tribunal to dismiss ODM’s preliminary objections and grant Sifuna’s prayers to quash the ODM resolution to remove him as the party’s SG and replace him with Deputy Secretary General Catherine Omanyo.
Sifuna is asking the tribunal to issue final orders declaring the February 11, 2026, Orange Democratic Movement resolution removing him as Secretary-General null and void, quashing any action by the National Executive Committee or other party organs to enforce his removal.
He also seeks an injunction barring the party and the Registrar of Political Parties from implementing the resolution pending the tribunal’s determination, and requests that costs be awarded in his favor, arguing that such measures are necessary to prevent irreparable harm and uphold the party’s constitutional processes.
The tribunal, led by Acting Chairperson Gad Gathu, is scheduled to deliver its ruling on March 26, 2026, at 2:30pm.
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Senator Edwin Sifuna has urged the Political Parties Disputes Tribunal to quash the Orange Democratic Movement (ODM) decision to remove him
as Secretary-General, describing the move as flawed and unconstitutional.
During Thursday’s hearing, Sifuna, through his lawyer Isaac Okero, argued that the party breached its own constitution and failed to provide him with adequate notice or an opportunity to defend himself before it passed the February 11 resolution purporting to expel him.
Okero argued that ODM invoked what he described as the doctrine of ostrich equivocation in attempting to remove Sifuna under Article 74 of the party constitution.
“Honourable Chair and members of the Tribunal the legendary English barrister George Carman QC famously said of the politician David Mellor, and I quote, he behaved like an ostrich and put his head in the sand, thereby exposing his thinking parts. This quote captures precisely the conduct of the Orange Democratic Movement party in how it has treated its Secretary-General, and how it is behaving before this Tribunal,” Okero told the tribunal.
He said the Article 74 sets out specific conditions for removal from office, including notice and an opportunity to respond to allegations.
“Sub-article 3 of Article 74 provides that before the NEC can exercise its power of removal, it must grant the person in office adequate opportunity to defend against any allegations. Non-compliance taints any proceeding for removal with illegality,” Okero submitted.
Sifuna was, according to his lawyer, notified of allegations only on February 21, 2026, ten days after the resolution purportedly removing him from office was passed.
“By paragraph 13 of the Supporting Affidavit of Sifuna, sworn on February 11, he sets out that he had not been notified of any allegations made against him, nor given any opportunity to defend himself,” Okero told the tribunal.
Okero further challenged claims that the party had followed an internal dispute resolution mechanism.
He said the resolution was publicly communicated via the party’s Twitter handle, which contradicted the requirement for an internal process.
“An internal dispute resolution mechanism must be internal. By making a publication to the entire public, how can the first respondent claim that the proceedings were part of an internal dispute resolution?” he asked.
The lawyer argued that the National Executive Committee acted ultra vires, rendering the February 11 resolution irredeemably flawed and null and void
The embattled Secretary General revealed that his ouster was never on the official agenda for the February 11 meeting, which was supposed to discuss routine party business including confirmation of minutes, the 10-point agenda implementation, Azimio coalition developments, and preparations for a National Delegates Convention.
“The Resolution was made without being an Agenda item of the meeting, notifying the Complainant of any complaint against him, issuing the Complainant with any Notice to Show Cause and giving him an opportunity to defend himself against any alleged misconduct,” Sifuna stated in his supporting affidavit.
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He urged the tribunal to dismiss ODM’s preliminary objections and grant Sifuna’s prayers to quash the ODM resolution to remove him as the party’s SG and replace him with Deputy Secretary General Catherine Omanyo.
Sifuna is asking the tribunal to issue final orders declaring the February 11, 2026, Orange Democratic Movement resolution removing him as Secretary-General null and void, quashing any action by the National Executive Committee or other party organs to enforce his removal.
He also seeks an injunction barring the party and the Registrar of Political Parties from implementing the resolution pending the tribunal’s determination, and requests that costs be awarded in his favor, arguing that such measures are necessary to prevent irreparable harm and uphold the party’s constitutional processes.
The tribunal, led by Acting Chairperson Gad Gathu, is scheduled to deliver its ruling on March 26, 2026, at 2:30pm.
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By Nancy Gitonga