ODM eats humble pie, backs down to tribunal's orders protecting Sifuna

Nairobi Senator Edwin Sifuna addresses a rally in Kitengela. [Peterson Githaiga, Standard]

The Orange Democratic Movement (ODM) on Thursday backed down in its resolve to remove Nairobi Senator Edwin Sifuna as party secretary general, with its legal team consenting to orders blocking the ouster.

The concession came before the Political Parties Disputes Tribunal (PPDT), where ODM’s legal team led by Tom Kajwang’ told acting chairperson Gad Gathu that the party would not oppose the continuation of conservatory orders that have been shielding Sifuna from removal since February 12.

On February 11, ODM announced Sifuna’s removal through a National Executive Committee (NEC) and appointed his deputy Catherine Omanyo as acting secretary general. The party also set a date for a National Delegates Convention to formalise the decision.

But before the disputes tribunal, the party agreed to keep its own decision on ice indefinitely, pending the full determination of the case.

Kajwang’, alongside advocates Samuel Makori and Ken Amondi, did not oppose the continuation of the orders blocking Sifuna’s ejection.

He told the tribunal that the party wanted the matter resolved as quickly as possible, but insisted that any concession must come with a firm commitment to an expedited hearing, warning that an open-ended freeze on the NEC resolution would prejudice the party.

“We would want to concede to the application to the extent that the orders stay in force pending the hearing,” Kajwang’ told the tribunal.

“But that must also, with a lot of respect, have an attendant side to it,that this matter is disposed of as soon as it is practical. Because if we concede without prescribing a period of time, we then would prejudice our client’s hearing.”

Sifuna’s advocate, Isaac Okero, welcomed the concession by the party and added that the factual disputes in the case were too contested to be disposed of through the preliminary objection route.

The tribunal also granted ODM leave to submit electronic evidence, including videos and recordings, as part of its case.

The tribunal has scheduled a hearing on March 12, when both sides will make their oral submissions before the bench.