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Tribunal Rules Sifuna Was Denied Fair Hearing In ODM Ouster

Politics Updated: 18 June 2026 17:42 EAT
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Embattled ODM Secretary General Edwin Watenya Sifuna

The Political Parties Disputes Tribunal has ruled that Nairobi Senator Edwin Sifuna was not accorded a fair hearing before ODM moved to remove him from the position of Secretary-General, dealing a setback to the party's leadership.

In a judgment delivered on Thursday, the tribunal found that the process leading to Sifuna's removal failed to meet the requirements of procedural fairness. The panel held that there was no evidence showing that Sifuna had been notified in advance that his conduct would be discussed during the party's National Executive Committee meeting.

The tribunal noted that the agenda circulated before the meeting did not contain any item indicating that disciplinary action or discussions concerning Sifuna would be undertaken. As a result, he was not given adequate notice or an opportunity to prepare a response.

Judges further observed that there was no indication that any amendments to the meeting agenda were communicated to Sifuna before deliberations began. The tribunal said this denied him the chance to defend himself against the allegations raised.

Consequently, the tribunal declared invalid the resolution that sought to remove Sifuna from office, finding that it was reached without adhering to the principles of natural justice and fair administrative action.

However, the ruling did not completely shield the senator from disciplinary proceedings within the party. The tribunal emphasized that ODM retains the authority to discipline its members and officials, provided it follows its constitution and the law.

The judges distinguished the question of whether due process had been followed from the substance of the allegations facing Sifuna. They stated that the matter before them concerned the procedure used to remove him rather than the merits of the accusations.

The tribunal directed that any outstanding disciplinary issues should continue to be handled through ODM's internal mechanisms. It noted that the disciplinary process had not been exhausted and should be allowed to run its course.

Sifuna was also directed to participate in the party's disciplinary proceedings, with the tribunal declining to halt the process altogether. The panel maintained that political parties must be allowed to manage their affairs within the framework of the law.

The decision means ODM can proceed with disciplinary action against Sifuna, but only after ensuring that he is given adequate notice, a fair hearing and an opportunity to respond to any allegations made against him.

The dispute arose after ODM's National Executive Committee resolved to remove Sifuna from the Secretary-General position, prompting him to challenge the decision before the tribunal. Interim orders had previously suspended implementation of the resolution pending determination of the case.

The ruling now restores the importance of due process within political parties while reaffirming their right to enforce internal discipline. It also leaves the door open for further legal action should either side challenge the outcome of the ongoing disciplinary proceedings.


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FELIX MAKONA

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