The developments have also revived discussion on the legal and political process involved in ousting a sitting party official, a matter governed by both national law and ODM’s internal constitution.
The push gained prominence after Migori Senator Eddy Oketch lodged a petition accusing Sifuna of gross misconduct, triggering intense debate within the party’s top organs.
Although the petition was later withdrawn following interventions by senior leaders, the episode exposed underlying power struggles and raised questions about party discipline and authority.
Legal framework governing removal
The removal of a sitting ODM Secretary-General is guided by the Political Parties Act (2022) and the ODM party constitution.
These frameworks outline a structured process designed to safeguard internal democracy and ensure adherence to the principles of natural justice.
The process begins when a party member files a formal petition with the party’s National Chairperson, who is mandated to oversee disciplinary matters.
The petition must clearly outline the alleged violations, which may include gross misconduct, breach of the party constitution, or actions deemed inconsistent with ODM ideology, including open support for rival political formations.
Role of the disciplinary committee
Once received, the petition is forwarded to the ODM disciplinary committee. Under Article 8.4.2 of the party constitution, the committee is required to conduct a fair and impartial hearing.
The accused official must be formally notified of the charges and given adequate time and opportunity to respond.
This stage is critical, as the committee must observe the rules of natural justice, including the right to be heard and the right to defend oneself against the allegations.
If the committee finds the Secretary-General culpable, it does not automatically remove them from office.
Instead, it prepares recommendations, which may include suspension or expulsion, and forwards them to the party’s governing structures.
Decision by the National Executive Council
The final decision rests with the National Executive Council (NEC), ODM’s top decision-making organ between party conferences.
The NEC convenes to deliberate on the disciplinary committee’s findings and recommendations.
A vote is then taken, and a simple majority of NEC members is sufficient to ratify a decision to remove the Secretary-General from office. This step formally concludes the internal party process.
Once a removal decision is made, ODM is legally required to notify the Office of the Registrar of Political Parties (ORPP), which updates its records to reflect the leadership change.
Has this happened before?
ODM has a history of internal disputes surrounding the Secretary-General’s office.
In 2016, former Sports Cabinet Secretary Ababu Namwamba was removed from the position amid accusations that he had neglected party duties.
During that period, Edwin Sifuna briefly declared himself acting Secretary-General before Namwamba formally resigned, citing intimidation and frustration.
ODM later appointed Agnes Zani as interim SG, with Sifuna eventually confirmed as substantive Secretary-General in February 2018.
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