Major Legal Victory for Sifuna as Tribunal Finds ODM Violated Fair Hearing Rights During His Removal from Party Leadership

The Political Parties Disputes Tribunal (PPDT) has ruled in favour of Nairobi Senator and Orange Democratic Movement (ODM) Secretary General Edwin Sifuna, invalidating disciplinary proceedings initiated by the party to remove him from office after finding that ODM failed to comply with the principles of procedural fairness and due process, thereby violating his right to a fair hearing.

In its judgment, the Tribunal held that the steps taken by ODM were procedurally defective from the outset, noting that the party did not accord Sifuna a proper opportunity to respond to allegations before moving to initiate disciplinary action against him.

“The complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the Tribunal stated.

The panel further found that there was no evidence showing that Sifuna had been notified that his conduct would be discussed during the National Executive Committee (NEC) meeting in which the removal resolution was advanced.

“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.

At the centre of the dispute was an ODM NEC resolution that sought to remove Sifuna from his position as Secretary General, a move the Tribunal said could not stand due to fundamental breaches of fair hearing principles and internal procedural requirements.

The Tribunal emphasised that the failure to notify Sifuna of the agenda or allow him to respond to the allegations rendered the decision-making process legally untenable.

“The Tribunal finds that the decision-making process at the NEC level was procedurally defective, particularly on notice, agenda setting, and the opportunity to respond to allegations,” it held.

However, while nullifying the disciplinary process, the Tribunal drew a clear distinction between procedural fairness and the substance of the allegations, noting that ODM retains the right to pursue disciplinary action provided it complies with the law and its internal party constitution.

“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 panel further directed that any future disciplinary proceedings must strictly adhere to due process requirements, reinforcing the principle of party autonomy while underscoring the obligation to observe fairness in internal governance.

“The complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the Tribunal reiterated in its judgment.

The dispute arises from internal divisions within ODM, particularly over the party’s political direction and its engagement with President William Ruto’s Kenya Kwanza administration, which has created competing factions within the party.

Sifuna, who has been among the most vocal critics of the cooperation arrangement between ODM and the government, has previously been accused by some party members of insubordination and actions perceived to undermine party cohesion.

The Tribunal’s decision effectively restores Sifuna’s position while leaving room for ODM to restart disciplinary proceedings, provided they are conducted in accordance with constitutional and legal safeguards governing political party disputes.