Sifuna sues ODM party in a fresh row over removal as SG

Embattled Orange Democratic Movement (ODM) Secretary General Edwin Sifuna has moved back to the Political Parties Dispute Tribunal (PPDT), citing breach of his rights and party’s constitution in a fresh bid to oust him from office.

 In his application filed under urgency, Sifuna claimed that the party had breached the tribunal’s orders and instead had directed that he appear for a disciplinary process.

 The Nairobi Senator’s lawyer Isaac Okero, told PPDT yesterday that his client was a sheep waiting to appear in a hyena’s court, as his fate is already sealed.

 He stated that the party’s National Executive Committee allegedly resolved to remove Sifuna from the powerful position in the party without giving him a chance to tell his side of the story.

 “ The impugned resolution was made without the matter of the complainant’s conduct having been an Agenda item of the meeting, without notifying the complainant of any allegations of misconduct made against him, and without allowing him to defend himself against any alleged misconduct,” the senior lawyer argued.

 Okero stated that the PPDT had ordered ODM and Sifuna to explore mediation. However, he said that the NEC communicated back, claiming that its decision was final.

 According to the senior lawyer, Sifuna had to wait for 57 days to know about the allegations levelled against him, but asserted that he was unaware, to date, who his accusers were within the party.

 At the same time, he said, the party’s management gave him only five days to respond.

 Okero argued that the issues written by the party were poorly constructed and vague.

 “Despite this, Okero said that ODM also rejected Sifuna’s declaration for the dispute to be arbitrated.

 “ Issuance of a notice to show cause requiring the complainant to show cause whether disciplinary action should be taken against whim while concurrently fixing a hearing date for said disciplinary action thus revealing it to be a predetermined outcome and showing cause a superfluous, illusory and ineffective process,” argued Okero.

 According to him, there is no single person who has stood to raise a complaint against him. Instead, he said, the NEC officials are the accusers, the jury, the prosecutor and the Judge. 

In his supporting affidavit, Sifuna argued that the party has an outcome on paper against him, and it is only forcing an illicit process to justify the outcome.

 “ The 1st respondent, having made a final decision to remove the complainant as Secretary General of ODM and having rejected his declaration of arbitration under Article 88(3) of the ODM constitution, IDRM in strict compliance with the ODM constitution is no longer a remedy available for resolving this dispute,” he argued.

 Sifuna wants PPDT to block ODM from taking any further steps against him.

 At the same time, he is seeking an order barring ODM from removing him from the office of the Secretary General or gazetting the same.

 “ The complainant is apprehensive that unless stopped, the respondent, which is publicly funded, will embark upon the aforesaid irregular and fatally flawed process for a predetermined disciplinary action against the complainant and continue to implement an unlawful resolution by publishing it in the Kenya Gazette and thus waste public funds,” stated Sifuna.

 In his affidavit, Sifuna said that he failed to attend the party’s meetings for fear that his life was at risk.

 He added that ODM deputy secretary general, Catherine Omanyo, who is eyeing his seat, communicated that the party’s NEC had decided to remove him from office.

 However, Sifuna stated that it was not part of the organ’s agenda nor was he issued with a prior notice that his conduct would be discussed at the February 11 meeting.

 “ Members of the NEC met and passed the impugned resolution to remove me for misconduct with immediate effect, without giving me prior notice of an intention to consider allegations against me of misconduct, without providing me with full particulars of said allegations, and without affording me an opportunity to defend myself against said allegations,” he claimed.