NAIROBI, Kenya Jun 18 – A ruling by the Political Parties Disputes Tribunal (PPDT) has set the stage for a fresh political battle within the Orange Democratic Movement (ODM), with both the party and its Secretary General, Senator Edwin Sifuna, claiming victory after the judgment delivered on Thursday.
While ODM hailed the judgment as a green light to proceed with disciplinary proceedings against Sifuna, the ruling was interpreted as a vindication for Sifuna on the claims that the party had violated his right to a fair hearing.
The Tribunal found that ODM failed to adhere to the principles of procedural fairness in the disciplinary process it had initiated against Sifuna, ruling that the party’s actions contravened due process requirements and were therefore procedurally unfair.
The decision effectively faulted the disciplinary proceedings that had been launched by the party’s National Executive Committee (NEC) in February with the aim of removing Sifuna from his position as Secretary General.
However, the Tribunal stopped short of barring ODM from taking disciplinary action against the senator.
Instead, it ruled that the party remains at liberty to institute and conclude fresh disciplinary proceedings against Sifuna, provided the process is conducted strictly in accordance with the law, the ODM constitution and the party’s internal rules.
The ruling has given both sides grounds to celebrate.
In a statement issued shortly after the judgment, ODM said the Tribunal had dismissed Sifuna’s application and reaffirmed the principle that internal party mechanisms should be allowed to run their course without undue interference.
The party argued that the judgment reinforced the doctrine of exhaustion, which requires disputing parties to first utilize available internal dispute resolution mechanisms before seeking intervention from external adjudicative bodies.
ODM further stated that the Tribunal had directed the party to proceed with and conclude any disciplinary proceedings lawfully initiated against the senator, adding that all interim orders previously obtained by Sifuna had been vacated.
But the Tribunal’s finding indicated that ODM had violated his right to a fair hearing, arguing that the ruling effectively invalidated the disciplinary process that had been initiated against him.
The Tribunal held that the party failed to observe procedural fairness, a key requirement in disciplinary proceedings, and therefore faulted the manner in which the process had been undertaken.
All interim orders issued during the pendency of the dispute were vacated.
The judgment means that while ODM retains the authority to pursue disciplinary action against its Secretary General, it must restart the process and ensure that any future proceedings comply with the requirements of due process and natural justice.
