The recent petition filed by Migori Senator Eddy Oketch on the removal of Edwin Sifuna as the Orange Democratic Movement party secretary general over what he claims as gross misconduct has brought into focus the intricate process of how a Secretary General can be ousted.
As far as the ouster is concerned, Sifuna was handed some reprieve after Migori Senator Eddy Oketch withdrew his petition, reportedly after intervention from party leader Oburu Odinga.
Despite the developments, Kenyans.co.ke took a look at the intricate process involved in ousting a Secretary General, as per the ODM rulebook.
Removal of an SG
According to the Political Parties Act of 2022 and the ODM party constitution, a sitting Secretary General can be removed from office when a member files a petition to the party national chairperson, who is in charge of disciplinary actions of members.
The petition must detail specific facts constituting grounds for removal, such as gross misconduct, breach of the party constitution, or "deemed resignation" by supporting rival party ideologies.
The national chairperson will then forward the petition to the party disciplinary committee, which would then, in accordance with Article 8.4.2 of the ODM party constitution, afford a fair hearing and give the petitioner an opportunity to defend him/herself against the charges or allegations made against him/her in accordance with the rules of natural justice.
If the disciplinary committee finds the official culpable, it may recommend suspension or expulsion to the party’s governing body.
The party’s National Executive Council (NEC) must then meet to deliberate on and ratify the recommendation for removal.
The NEC will then vote on the removal from office of the secretary general; a simple majority vote by the party's executive members can initiate the removal process.
Once the party decides to remove the official, it must notify the Office of the Registrar of Political Parties (ORPP) of the decision.
According to the Political Parties (Registration) Regulations, a party must notify the Registrar of any change in office holders using Form PP7 within 14 days of the appointment of a new official.
This is not the first time that a sitting secretary general in the Orange Democratic Movement party has faced threats of being ousted. Former Sports Cabinet Secretary Ababu Namwamba was removed as the party secretary general in 2016.
In June 2016, shortly before Namwamba’s formal exit, Edwin Sifuna led a group of youth to the party headquarters and declared himself the "acting" SG, claiming the office was vacant due to Namwamba's alleged abandonment of duties.
Namwamba later announced his resignation from the ODM SG position during a rally in his home constituency of Budalang'i in the same month. He cited "frustration, intimidation, and discrimination" by a section of party leaders surrounding the ODM party leader Raila Odinga.
The party subsequently appointed Nominated Senator Agnes Zani as the interim Secretary-General.
It was not until February 2018 that the party officially confirmed Edwin Sifuna as the substantive Secretary-General during a National Executive Committee Meeting.
