The Political Parties Tribunal will make a ruling on whether or not ODM can proceed with its March 27 National Delegates Convention (NDC) on the eve of the jamboree, plunging the troubled political outfit into further crisis.
The decision made on Tuesday could force the Oburu Oginga-led faction to either postpone the delegates’ meeting or proceed blindly pending the ruling to be delivered on March 26 by the Political Parties Dispute Tribunal (PPDT).
Organising such a convention involves elaborate planning with huge budgets to secure venue, pay for logistics and ferry hundreds of delegates from across the 47 counties.
In the event the party chooses to proceed with the meeting, some of the delegates, especially from far flung areas will have to travel to Nairobi before the ruling is made, exposing them to possible inconvenience.
The tribunal was on Tuesday set to hear an application filed by Vincent Chepkwony against ODM in relation to the legality of the party’s current office holders.
However, the proceedings were halted after Chepkwony’s lawyer requested additional time to respond to documents filed late by the party.
Lawyer Dennis Muriithi told the tribunal that he had only been served earlier in the day with a replying affidavit and objection by the respondents.
ODM party leader Dr Oburu Odinga and other top officials of the political outfit at Sameta grounds in Kisii county on January 25, 2026.
Photo credit: Ruth Mbula | Nation Media Group
“I was early in the morning today served with a replying affidavit and an objection by the respondent,” Muriithi said, seeking two days to file a supplementary affidavit and submissions.
ODM lawyer Samuel Makori apologised for the delayed filing and urged the tribunal to focus on the main complaint rather than interim orders.
“The orders sought are far-reaching. We could just go directly to the main complaint,” Makori said.
He added that the application seeks to intercept the party’s Special Delegates Convention set for March 27.
The tribunal directed parties to file all their submissions and fixed the ruling on March 26 at 2:30pm. PPDT will on the same day make a ruling on the sacking of embattled ODM Secretary General Edwin Sifuna.
Embattled ODM party Secretary-General Edwin Sifuna
Photo credit: File | Nation Media Group
In the petition, Mr Chepkwony wants major resolutions made by ODM following the death of its founding leader Raila Odinga quashed in a move that seeks to kick out interim party leader Oburu Oginga and block the planned NDC.
The petitioner has raised legality questions on the membership of ODM’s National Executive Committee (NEC) and Central Management Committee (CMC).
Central Committee appointed Dr Oburu as the interim party leader on October 16, 2025, while NEC approved the planned NDC. NEC is also responsible for the sacking of Mr Sifuna. The decision to fire Mr Sifuna has since been temporarily quashed pending determination by the PPDT.
“The complainant pleads that upon the demise of the late Raila Amollo Odinga, some members of ODM purporting to constitute themselves as the Central Committee hurriedly met on 16 October, 2025 and purported to pass a resolution installing Oburu Oginga as the interim party leader,” avers the petitioner.
It is the position of the petitioner that upon the death of Mr Odinga, no National Delegates Convention (NDC) was held by the party for purposes of electing Dr Oginga as the party leader.
He argues that Article 15 of the ODM Constitution provides that election of all national officials shall be conducted by the National Delegates Convention.
“Furthermore, none of the current National officials has either been elected or ratified to hold office by the NDC as provided for under Article 15 of the ODM Constitution.’
Further, the petitioner notes that some party members have held meetings, holding and purporting to be the Central Committee and NEC and proceeded to make major party decisions, including firing Mr Sifuna and approval of NDC.
“The complainant pleads that the resolutions were passed by an organ that is not legally recognized under the ODM Constitution and as such, any decisions or resolutions passed by the individuals are null and void for want of legality under the ODM Constitution.”
The petitioner therefore argues that Dr Oginga is not in office legally while at the same time a majority of the national officials were not elected as provided for by the party’s constitution.
He argues that the Central Committee and NEC as presently constituted cannot therefore make any decision that is legally binding to the party members.
In the petition, the complainant says that he sought for an internal dispute resolution mechanism through a letter dated February 13. He says the party responded by informing him that the complaint was being reviewed. He accuses ODM of failing to form a panel to listen to his grievances, forcing him to file the matter with the PPDT.
“In view of the urgency of the matter, it is only proper that the tribunal adjudicates over this dispute. A declaration that any decisions made by the National Executive Committee and Central Committee of the ODM party as currently constituted are illegal and cannot bind the ODM Party or any of their members.”
But in a replying affidavit through Halima Daro, Secretary for Special Interest Groups in the National Executive Committee, ODM says some of the claims by the petitioner are inaccurate and misleading.
The party says that the officials whose positions are yet to be ratified by the NDC are those adopted by the National Governing Council (NGC) at its meeting held on November 13, 2025.
The officials include Dr Oginga, his deputies; Abdulswamad Nassir, Simba Arati and Godfrey Osotsi. Others are National Chairperson Gladys Wanga, Otiende Amollo (Vice Chairperson), John Ariko (Vice Chairperson), Ahmed Mohammed (National Organizing Secretary, Ruth Odinga (Deputy Organising Secretary) and Rozaah Buyu (Secretary for Political Affairs).
“It is therefore untenable to advance the argument that all current office holders are in office unlawfully, including those who served alongside the former Party Leader. Such a proposition is not only illogical but also devoid of factual or legal basis,” says ODM.
From Left: ODM Secretary General Catherine Omanyo, Junet Mohamed and Homa Bay Governor and ODM National Chairperson Gladys Wanga during the Linda Ground political rally at Mkunguni Square in Lamu Old Town on Thursday, February 12, 2026.
Photo credit: Kalume Kazungu | Nation Media Group
The party avers that the filing of the petition before PPDT was premature, misconceived and basically an attempt to bypass the constitutionally provided internal dispute management framework.
“The doctrine of exhaustion, now firmly embedded in our jurisprudence, requires that internal mechanisms be allowed to operate before external adjudication is invoked.”
In the response, ODM said it is ready and willing to internally resolve the dispute through the provided internal mechanism.
“I further categorically and unequivocally state that the respondent has not violated any provision of the Constitution of Kenya, the Political Parties Act, or the ODM Constitution in making changes in our National Executive Committee.”
“Any such changes effected in the Party and the returns filed with the Office of the Registrar of Political Parties were strictly within the framework of the Party Constitution pursuant to lawful authority vested in relevant Party organs, and in full compliance with applicable constitutional and statutory requirements.”
The party says the prayers sought for are not in good faith but are intended to brought in bad faith to cripple the functions of the party well knowing that the NEC and Central Committee are the heartbeat of the Party’s functions.
