Senator Edwin Sifuna can breathe a little easier for now. A special court dealing with political party fights has given him a major boost in his ongoing battle with his own party, the Orange Democratic Movement (ODM).
The Political Parties Disputes Tribunal has clearly stated that it has the power to hear the complaint Sifuna filed against ODM. This is an important first step for the senator, who had gone to the tribunal seeking justice after falling out with the party leadership over some internal issues.
ODM had tried to stop the case before it could even begin. The party raised a preliminary objection, which is a legal move aimed at kicking the matter out of court on technical grounds. But the tribunal was not convinced. It dismissed ODM’s attempt, clearing the way for Sifuna’s case to now be heard fully.
However, not everything went Sifuna’s way. The tribunal refused to give him interim conservatory orders. These are temporary protections that someone can get while waiting for the main case to be decided. The judges explained that they cannot make any early conclusions before they have examined all the main issues properly.
The tribunal also made one more key ruling. It said that if Sifuna and ODM decide to sit down and try to solve their differences through Alternative Dispute Resolution (ADR), which is a kind of negotiation outside court, whatever they agree on will not take effect immediately. Any such agreement will remain suspended until the tribunal gives its final decision on the whole matter.
