The standoff between Nairobi Senator Edwin Sifuna and the Orange Democratic Movement is set to continue after Kenya's Political Parties Disputes Tribunal ordered the party to restart disciplinary proceedings against the senator and to adhere to the principles of fairness and due process.
In its ruling, the tribunal found that ODM had failed to accord the embattled Secretary General an opportunity to defend himself before moving to remove him from his position. The tribunal held that the party did not follow fair disciplinary procedures prior to initiating sanctions against the outspoken official.
Rather than ending the matter, the tribunal directed the party to proceed with and conclude any disciplinary proceedings that had been lawfully initiated against the senator. At the same time, all interim orders that Sifuna had previously obtained were consequently vacated.
ODM, for its part, framed the outcome as a victory on a key legal principle. The party said the judgment was a significant reaffirmation of the doctrine of exhaustion, which requires parties to first exhaust a viable internal dispute resolution mechanism before seeking the intervention of external adjudicative bodies.
The party added that the tribunal had reiterated that the dispute before it was premature, noting that ODM's internal dispute resolution mechanism had not yet been exhausted. ODM said the decision underscored the importance of respecting and allowing political parties to manage their internal affairs in accordance with their constitutions and governing rules.
The dispute stems from a February meeting of ODM's National Executive Committee, which set in motion the moves against the Secretary General. With the tribunal now requiring the process to begin afresh and be handled lawfully, both the party and the senator are left to navigate the next stage of a drawn-out internal contest.