Registrar approves Sifuna’s removal as ODM Secretary General

The Office of the Registrar of Political Parties (ORPP) in Kenya has formally approved the removal of Edwin Sifuna as the Orange Democratic Movement (ODM) Secretary General, updating the party's official records. This decision follows a resolution by ODM's National Executive Committee (NEC) and a subsequent review by the Registrar, who determined that the process complied with the Political Parties Act, 2011, and the ODM party constitution. The development concludes a prolonged internal leadership dispute within the party, which previously saw an initial removal attempt overturned by the Political Parties Disputes Tribunal (PPDT) due to procedural flaws. The Registrar's latest ratification underscores the critical role of statutory compliance and internal democracy in the governance of political parties in Kenya, even as Sifuna's legal team signals further challenges.

The political landscape in Kenya is frequently shaped by internal party dynamics, and the recent formal approval by the Office of the Registrar of Political Parties (ORPP) of Edwin Sifuna's removal as the Orange Democratic Movement (ODM) Secretary General marks a significant development in this regard. This decision, which saw the ORPP update ODM's official records, brings to a head a protracted leadership wrangle within one of Kenya's major political parties. The Registrar's action was predicated on a resolution by the ODM National Executive Committee (NEC), asserting that the party had adhered to both its internal constitution and the overarching legal framework governing political parties in Kenya.

The governance of political parties in Kenya is primarily regulated by the Constitution of Kenya, 2010, and the Political Parties Act, 2011. The Constitution, under Article 260, establishes the Office of the Registrar of Political Parties as a state office, tasked with the crucial mandate of regulating the formation, registration, and funding of political parties. The Political Parties Act, 2011, serves as the foundational legal instrument, ensuring that political parties operate in accordance with democratic principles, as envisioned by Articles 91 and 92 of the Constitution. These provisions emphasize the necessity for parties to uphold internal democracy, maintain national character, and have democratically elected governing bodies.

The removal of a party official, particularly one as senior as a Secretary General, is a process fraught with legal intricacies, demanding strict adherence to both the party's constitution and the Political Parties Act, 2011. The Act mandates that political parties establish robust internal dispute resolution mechanisms (IDRMs) that are independent, follow written procedures, apply the rules of natural justice, and ensure expeditious determination of disputes. In Sifuna's case, the initial attempt by ODM to remove him was challenged before the Political Parties Disputes Tribunal (PPDT), which subsequently ruled that the process was procedurally flawed due to the failure to afford him an opportunity to be heard. This highlights the PPDT's critical role, established under Section 39 of the Political Parties Act, 2011, with jurisdiction over disputes between party members and the party itself, and appeals from decisions of the Registrar.

The Registrar's approval of Edwin Sifuna's removal as ODM Secretary General serves as a potent reminder to legal practitioners and political parties alike of the imperative to meticulously follow established legal and constitutional procedures in internal party governance. For attorneys advising political parties, this case underscores the need to ensure that all internal disciplinary actions, particularly those involving senior officials, are conducted with scrupulous adherence to party constitutions and the Political Parties Act, 2011, including the principles of natural justice. The PPDT remains a crucial arbiter in such disputes, and its pronouncements on procedural fairness must be taken seriously to avoid costly and time-consuming reversals. As political parties continue to evolve and face internal pressures, the scrutiny of their adherence to democratic principles and statutory requirements by oversight bodies like the ORPP and the PPDT will only intensify, shaping the future of multi-party democracy in Kenya.