Nairobi Senator Edwin Sifuna has secured a major reprieve after the Political Parties Disputes Tribunal ruled that ODM violated his right to a fair hearing in the process seeking to remove him as party Secretary General. The decision came hours after he was dropped from the Senate Energy Committee in a reshuffle that has added a fresh political layer to his fallout with the party leadership.
Nairobi Senator Edwin Sifuna has won a major legal reprieve after the Political Parties Disputes Tribunal ruled that the Orange Democratic Movement breached his right to a fair hearing in the process seeking to remove him as the party’s Secretary General.
In a ruling delivered on Thursday, the tribunal found that ODM’s National Executive Committee failed to follow procedural fairness before resolving to remove Sifuna from office.
The panel, chaired by Gad Gathu, held that the process was defective on notice, agenda setting and the opportunity granted to Sifuna to respond to the accusations against him.
“The complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the tribunal stated.
The tribunal further found that there was no evidence Sifuna had been informed that his conduct would be discussed during the NEC meeting, noting that the tentative agenda did not list any disciplinary matter touching on him.
“There is no evidence that the complainant was informed of any change in the agenda in the discussion of his conduct to enable him to appear accordingly,” the tribunal observed.
The ruling deals a setback to ODM, whose NEC had moved to remove Sifuna from the Secretary General’s position in February, triggering a legal battle over whether the party followed its own constitution, the Political Parties Act and the rules of natural justice.
While the tribunal faulted the manner in which ODM handled the matter, it did not completely stop the party from pursuing disciplinary action against Sifuna.
Instead, it drew a distinction between the flawed removal process and the party’s right to discipline its officials through lawful internal mechanisms.
“These issues are best raised during the disciplinary proceedings before the relevant party disciplinary organ,” the tribunal held, referring to some of Sifuna’s concerns over the ongoing party disciplinary process.
The tribunal also stated that Sifuna must submit himself to ODM’s internal disciplinary process, but left room for him to return to the tribunal if dissatisfied with the outcome.
“Should he be dissatisfied with the disciplinary process outcome, the law still provides recourse to this tribunal,” the panel stated.
In its final direction, the tribunal made it clear that ODM can still restart or proceed with disciplinary action, provided the process is lawful and fair.
“For the avoidance of doubt, the First Respondent, ODM, is at liberty to institute and conclude disciplinary proceedings against the complainant in accordance with its constitution and the law,” the tribunal ruled.
The ruling came hours after Sifuna was dropped from the Senate Energy Committee in a reshuffle of Senate standing committees. The changes, announced in the Senate on Wednesday, saw Homa Bay Senator Moses Kajwang’ nominated to replace Sifuna in the committee chaired by Siaya Senator and ODM party leader Oburu Oginga.
Senate Majority Leader Aaron Cheruiyot described the changes as routine committee adjustments originating from the Minority side, saying they were proposed in line with Senate Standing Orders and a recommendation by the Senate Business Committee.
Unlike other senators affected by the reshuffle, Sifuna was reportedly not reassigned to another committee. He remains a member of the Senate County Public Accounts Committee and the Senate National Security, Intelligence and Foreign Relations Committee.
The twin developments are likely to intensify attention on the widening rift within ODM, where Sifuna has openly differed with sections of the party leadership over its political direction and cooperation with President William Ruto’s administration.
His removal from the Oburu-led Energy Committee, followed by the tribunal’s ruling in his favour, now places him at the centre of both a legal and political contest within the party.
For Sifuna, the decision preserves his challenge to the disputed removal process and strengthens his argument that ODM must follow due process before taking action against him.
For ODM, the ruling is a warning that party discipline, however politically sensitive, must comply with the law, the party constitution and the principles of fair administrative action.
However, the battle is not over. Although Sifuna has won on the question of fair hearing, the tribunal has left ODM with room to pursue fresh disciplinary proceedings, setting the stage for another round of confrontation over his future as Secretary General.
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