The Orange Democratic Movement (ODM) has removed Nairobi Senator Edwin Sifuna as the party’s Secretary General.
The decision was made during a National Executive Committee (NEC) meeting held in Mombasa on Wednesday.
In a statement, the party said Sifuna had been relieved of his responsibilities with immediate effect.
“Having deliberated on matters relating to the conduct of the Secretary General, Senator Edwin Sifuna, the NEC resolved to remove him from office with immediate effect, in accordance with party constitution and applicable laws, effective immediately,” the statement read.
Following his removal, Sifuna has two main options.
According to analysts, he can accept the decision and move on, or challenge the removal in court, citing alleged administrative and procedural lapses in the NEC resolution.
Although the NEC is mandated by the ODM constitution to remove a member through its resolution, Article 74 (3) requires that a person facing disciplinary action be given an opportunity to respond to the claims.
“It is hereby provided that prior to the removal of any office bearer, he/she shall be granted adequate opportunity to defend himself/herself against any allegations that may have been levelled against him/her,” the section reads.
Article 47 of the Constitution provides that every person has the right to fair administrative action, stating that ‘every person is entitled to administrative actions that are quick, effective, legal, sensible, and follow fair procedures.’
During the meeting, Rarieda MP Otiende Amollo, one of the party’s vice chairpersons, attempted to have the NEC follow the laid-down administrative procedures, but he was overruled by the majority.
Nyando MP Jared Okello, the Secretary for Public Policy and Economic Affairs, moved the motion to remove Sifuna from the position and, in line with the ODM constitution, to appoint one of his two deputies in an acting capacity.
Lawyer and university lecturer Dr Martin Oloo said Sifuna could move to the Political Parties Tribunal to contest the removal on grounds of alleged violation of administrative procedures.
“He can obtain orders from the Tribunal and continue serving as SG. In my opinion, this should be the right route,” Dr Oloo states, adding, “The constitution of Kenya, which is supreme, makes it mandatory and not discretionary, to issue written reasons for any adverse administration action.”
Dr Oloo said the senator could also accept the decision and pursue a national political career.
“They may have excited his political career by fighting as a rebel with a cause. His political career just got catapulted. He can now attract like-minded both within and outside ODM. In Kenya, one gets sympathy when treated unfairly,” Dr Oloo says.
Kitutu Chache South MP Anthony Kibagendi, described as a key ally of Sifuna, said some members were dissatisfied with the direction the party has taken.
“We will ensure the SG goes to court to stop this irregularity. It’s unfortunate that ODM is being reduced to a regional party,” Kibagendi said.
Lugari MP Nabii Nabwera said he foresees turbulence within the party following the move.
“Sometimes Unity of a people is achieved organically through an event, a misfortune, a course or an emergency of a charismatic leader who appeals to the soul and mind of the people. The next 90 days are going to be interesting. Let us pray for my Party ODM,” Nabii said.
Sifuna had not publicly responded to the decision by the time of publication.
However, he posted a poster on his social media pages announcing his next Linda Mashinani rally, scheduled for Sunday in Kitengela, Kajiado County.
