Win for Sifuna as PPDT Invalidates his removal but Allows Fresh Proceedings

The Tribunal found that there was no evidence that Sifuna had been notified that his conduct would be discussed during the ODM National Executive Committee (NEC) meeting that resolved to remove him from office.

According to the judgment, the agenda circulated ahead of the February 11, 2026 meeting contained no item relating to disciplinary action against the Secretary-General. The Tribunal further noted that ODM failed to provide evidence showing that Sifuna had been informed of any changes to the agenda or given an opportunity to prepare a response to allegations against him.

“We therefore find that the complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the Tribunal ruled.

The judges held that while ODM’s NEC was entitled to discuss issues of discipline within the party, it could not lawfully remove a senior official from office without first complying with the requirements of procedural fairness and natural justice.

The Tribunal also rejected arguments that it lacked jurisdiction to hear the matter, finding that Sifuna had made a genuine attempt to resolve the dispute through ODM’s Internal Dispute Resolution Mechanism (IDRM) before approaching the PPDT.

In its analysis, the Tribunal observed that Sifuna, through his advocates, had formally invoked the party’s dispute resolution process and even proposed a panel of senior counsels to arbitrate the matter. ODM, however, rejected the proposal, prompting him to seek intervention from the Tribunal. While nullifying the removal decision, the Tribunal emphasized that political parties retain the right to discipline their members and leaders, provided such processes are conducted lawfully.

The judges noted that party discipline is essential to the functioning of political parties and democratic governance, warning against creating a situation where party officials become immune from accountability.

“For the avoidance of doubt, the First Respondent is at liberty to institute and conclude disciplinary proceedings against the complainant in accordance with the First Respondent’s constitution and the law,” the Tribunal stated.

The ruling means Sifuna remains ODM Secretary-General for now, but the party retains the option of pursuing fresh disciplinary proceedings if it follows due process and accords him a fair hearing.