The Political Parties Disputes Tribunal has dismissed a case challenging the removal of Nairobi Senator Edwin Sifuna as Secretary General of the Orange Democratic Movement (ODM).
In a ruling delivered on Thursday, the tribunal said it could not hear the case because the matter had not first been handled within the party.
Acting chairperson Gad Gathu said Sifuna moved to the tribunal too quickly without using ODM’s internal dispute resolution process.
“The complainant and the first respondent shall attempt to resolve the dispute through the first respondent’s IDRM mechanisms. Parties are encouraged to submit to IDRM in good faith,” Gathu ruled.
He added that the tribunal does not have the power to skip that step.
“The Tribunal therefore finds that it does not have powers to exempt a dispute from the requirement to attempt IDRM and thus cannot assume jurisdiction,” he said.
Sifuna had gone to the tribunal to try and block his removal after ODM’s National Executive Committee (NEC) resolved to kick him out of the position on February 11.
At the time, ODM Acting Secretary General Catherine Omanyo said the decision was based on issues related to Sifuna’s conduct.
“Having deliberated on matters relating to the conduct of Secretary General Edwin Sifuna, the NEC resolved to remove him from office effective immediately,” she said.
A day after the decision, the tribunal had temporarily stopped the implementation of that resolution, giving Sifuna some relief as the case was being heard.
But with the latest ruling, the dispute now goes back to the party’s internal systems before it can return to court.
The decision also comes just hours before ODM holds a Special Delegates Convention at Jamhuri Grounds in Nairobi, where key issues facing the party are expected to be discussed.
Sifuna’s removal is likely to feature in those discussions.
Meanwhile, a section of the party under the Linda Mwananchi faction has already said it will not attend the meeting and plans to hold a separate gathering on the same day.
