In a significant legal victory for Nairobi Senator Edwin Sifuna, the Political Parties Disputes Tribunal (PPDT) has extended interim orders preventing his removal as the secretary general of the Orange Democratic Movement (ODM). The ruling effectively freezes a power shift within Kenya’s largest opposition party, maintaining the status quo as a high-stakes legal battle unfolds.
The tribunal ruled that the conservatory orders remain in force, warning the party against taking any action to enforce the contested leadership change. The matter now heads toward a decisive phase, with written submissions from both legal teams scheduled for March 12, 2026.
The crisis erupted following a resolution by the ODM National Executive Committee (NEC) during a meeting in Mombasa on February 11, 2026. The NEC moved to replace Sifuna with Catherine Omayo in an acting capacity, citing alleged disciplinary issues and conduct unbecoming of a senior party official.
Sifuna, however, moved swiftly to the tribunal, characterizing the move as an irregular “purge” that bypassed the party’s own legal safeguards. He argues that the decision lacked transparency and violated fundamental legal principles.
“The process violated the principles of natural justice, including the right to be heard, and that the move undermines internal party democracy,” Sifuna maintained in his submissions.
Weighty Legal Questions
The tribunal noted that the allegations and the defense raised “weighty” issues that require thorough judicial consideration. By maintaining the stay orders, the PPDT signaled that allowing Sifuna’s removal before a final determination could result in “irreversible consequences” for the party’s governance and the integrity of the legal proceedings.
The case centers on two primary legal questions:
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Scope of Authority: Does the NEC have the unilateral power to remove a secretary general without a formal disciplinary hearing?
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Due Process: Did the party adhere to the Fair Administrative Action Act and its own internal constitution?
What Happens Next?
The ODM party has filed a preliminary objection, arguing that Sifuna rushed to the tribunal without exhausting internal dispute resolution mechanisms (IDRM). The tribunal will evaluate these arguments alongside Sifuna’s constitutional challenge when the hearing resumes in March.
For now, Edwin Sifuna continues to hold the office and discharge the duties of the ODM secretary general. The party remains barred from gazetting his replacement or implementing any changes to its leadership register at the Office of the Registrar of Political Parties.
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