AfriPulse
The Political Parties Disputes Tribunal (PPDT) has ruled that Nairobi Senator Edwin Sifuna did not receive a fair hearing before ODM decided to remove him as secretary general.
In a judgment delivered on Thursday, Tribunal Chair Gad Gathu said the tribunal found serious procedural flaws in how the ODM National Executive Committee (NEC) handled the matter. The panel said the process fell short on key requirements, including proper notice, the setting of the agenda, and giving Sifuna a chance to respond to the allegations.
“The complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the tribunal stated.
The tribunal also found no evidence that Sifuna had been told his conduct would be discussed during an earlier NEC meeting. It further noted that the tentative agenda did not mention any disciplinary discussion related to him.
“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 heart of the dispute was an NEC resolution that sought to remove Sifuna from office.
The tribunal ruled, however, that the decision could not stand in full because it violated the principles of fair hearing.
“We therefore find that the complainant was not accorded a fair hearing prior to the resolution to remove him from office,” the tribunal reiterated.
The panel also made clear that it was not ruling on the underlying disciplinary merits. It noted that Sifuna had not argued that he should be completely exempt from disciplinary proceedings. Instead, he challenged the way the process was carried out.
The tribunal said concerns such as claims that a notice to show cause dated April 2, 2026, was issued in bad faith, or that the disciplinary panel was biased should be handled through the party’s internal systems.
“These issues are best raised during the disciplinary proceedings before the relevant party disciplinary organ,” it held, stressing party autonomy in internal governance.
The PPDT also directed that Sifuna must present himself for the ongoing disciplinary process, noting that political parties may enforce their constitutions as long as they comply with the law.
“Should he be dissatisfied with the disciplinary process outcome, the law still provides recourse to this tribunal,” the panel stated.
The tribunal also noted that disciplinary proceedings against Sifuna were still ongoing when the case was heard and that it had not received any information about their final outcome.
It declined to grant broad restraining orders that could disrupt ODM’s internal processes. “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.
In the end, the tribunal delivered a partially favourable decision. It declared the NEC resolution invalid only to the extent that it removed Sifuna without giving him a fair hearing.
The tribunal dismissed all other prayers sought by the senator, allowing ODM to continue disciplinary action as long as it follows due process.
Source: NairobiWire.com | Read the Full Story…
