ODM makes case at Tribunal: This is why we expelled Sifuna

The party seeks to have Mr Sifuna’s legal challenge dismissed, arguing that he bypassed internal dispute resolution mechanisms before approaching the tribunal.

The dispute pits the senator against his party and the Registrar of Political Parties. In a replying affidavit sworn by Halima Daro, a member of ODM’s National Executive Committee (NEC) and secretary for special interest groups, the party contends that the tribunal lacks jurisdiction since internal procedures were not exhausted.

Ms Daro stated that Mr Sifuna’s removal process stemmed from "various infractions, including his miscommunication of the party’s position on critical issues, thereby spewing confusion and compromising the integrity of the party and its organs."

"Mr Sifuna has not demonstrated that this complaint was subjected to Internal Dispute Resolution Mechanisms (IDRM). He openly acknowledged he did not invoke the party’s processes, rendering the case premature and warranting dismissal,” she added.

According to court filings, tensions began in July 2025 when ODM’s Central Committee convened in Karen after the Senator appeared on Citizen TV’s The Explainer show.

The party reviewed his remarks declaring the ODM-UDA Memorandum of Understanding (MoU) "dead," noting contradictions with earlier resolutions.

Contradictory statements 

Late party leader Raila Odinga, who chaired the meeting, reportedly emphasised the “critical nature” of  the secretary-general’s role in upholding party positions, stressing that public statements should align with formal resolutions.

The affidavit states that Mr Sifuna himself read the meeting’s resolutions to the media, yet the pattern of contradictory statements allegedly continued after Mr Odinga’s death in October 2025.

The NEC and Central Committee endorsed Dr Oburu Oginga as interim leader, a decision later ratified by the National Governing Council in Mombasa.

The affidavit says Mr Sifuna participated in those decisions, then “on numerous instances contradicted the said positions in his public pronouncements,” creating confusion because he is the party spokesman.

ODM intends to present digital recordings during the legal proceedings to demonstrate these contradictions.

“The complainant’s contradictory stance has stymied operations given that the National Secretariat ought to operate with the guidance of the Secretary General in conducting its responsibilities. For instance, facilitating and coordinating party operations, implementing party decisions and programmes, which task cannot be performed when the complainant is reading at cross purposes with the decisions arrived at by the party organs,” says Ms Daro.

Meeting attendance 

Meeting attendance has also emerged as a point of contention. The party claims Mr Sifuna missed a mediation meeting at Vipingo Ridge on January 11, 2026, and failed to attend a Central Committee meeting the next day, though he sent an apology.

The latter meeting reportedly approved early preparations for the 2027 elections and public engagement initiatives.

Following this, ODM launched the “Linda Ground Initiative”, holding rallies across several counties. However, the affidavit alleges Mr Sifuna "never attended any party-sanctioned events" and instead initiated a parallel Linda Mwananchi Initiative, further contradicting official positions and confusing members.

Another TV appearance on February 3, 2026 titled Sifuna: This Is My Point—reportedly saw him reiterate positions at odds with party resolutions.

Days later, he skipped a scheduled NEC meeting despite prior notice. During that meeting, the NEC invoked Article 74(2) of the party constitution to initiate removal proceedings, pending a notice to show cause.

Ms Daro clarified that the resolution was not final, as Article 74(3) guarantees his right to respond before any adverse action. She frames the NEC decision as the start of a layered internal process, not a final verdict.

“The NEC did not condemn the complainant unheard,” the affidavit states, adding that the senator moved to court before a formal notice to show cause could issue, halting a process “still in its formative stage.”

In his complaint, Mr Sifuna argues the removal was not on the agenda, that he received no notice, and that the move violated the Fair Administrative Action Act and party constitution. The tribunal granted interim orders freezing the decision.

ODM insists Mr Sifuna prematurely sought tribunal intervention, obtaining conservatory orders before internal processes concluded.

The party has filed a preliminary objection, citing Section 40 of the Political Parties Act, which mandates exhaustion of internal remedies. It deems the complaint "premature, incompetent, and fatally defective."

The tribunal will convene on Thursday, February 26, 2026, to determine whether to hear the case or refer it back to ODM’s internal mechanisms.

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