Sifuna In Court To Challenge Removal

Courts have previously held that internal party mechanisms must be exhausted before judicial intervention, unless exceptional circumstances are demonstrated.

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By Our Correspondent

Senator Edwin Sifuna has moved to court to challenge his removal as Secretary General of the Orange Democratic Movement, describing the decision as illegal and procedurally flawed.

Sifuna said a section of the party’s National Executive Committee meeting in Mombasa yesterday purported to remove him without notice, charges or a hearing.

“First of all, our lawyers are already in court. And that matter that you have asked is a matter that is now properly before the court,” Sifuna said.

He termed the action a violation of the party constitution and principles of natural justice, arguing he was never informed of any allegations or invited to respond.

He said that at no time had he been informed of any allegations or invited to respond to complaints, adding that they would challenge every illegality in court and would not surrender.

Sifuna linked the fallout to his opposition to any move by ODM to support President William Ruto’s re-election bid.

“My only crime is that I have refused and I oppose any plans and schemes within the party to support President William Ruto’s re-election,” he said.

Siaya Governor James Orengo dismissed the ouster and maintained Sifuna remains the legitimate office holder.

“As I stand here, the Secretary General of the ODM is Senator Edwin Sifuna. Shall I repeat for the purpose of record… the Secretary General of Raila’s party, ODM, is one Edwin Sifuna,” Orengo said.

Vihiga Senator Godfrey Osotsi alleged external interference in party affairs.

“I raised an alarm that ODM party is now being remote controlled from State House… There is an attempt to do a hostile takeover of ODM party,” Osotsi said.

Embakasi East MP Babu Owino described the Mombasa meeting as irregular.

“The meeting that took place in Mombasa was an illegal meeting. That was a kangaroo meeting that was set up to remove the current SG,” he said.

Saboti MP Caleb Amisi said he too had been removed from his party position through a message.

“The second casualty of this coup was removed as Deputy Organising Secretary via a WhatsApp message… our party constitution; to remove a NEC member, it must be a resolution of the NEC,” Amisi said.

Under the Political Parties Act, disputes relating to party membership and leadership must first be filed before the Political Parties Disputes Tribunal.

The Political Parties Disputes Tribunal has jurisdiction to hear disputes between members and parties, and its decisions may be appealed to the High Court.

Courts have previously held that internal party mechanisms must be exhausted before judicial intervention, unless exceptional circumstances are demonstrated.

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