Tribunal Delivers Win for Sifuna Team, Orders Reservation of Linda Mwananchi Name

The Political Parties Disputes Tribunal has overturned a decision by the Registrar of Political Parties rejecting an application to reserve the name Linda Mwananchi Movement.

The Tribunal has directed the Registrar to reserve the name within seven days of its decision, ruling that there was no legal basis for rejecting the application.

The case was brought by Caroli Omondi, Pauline Njoroge and Faith Odhiambo, who describe themselves as founders of the proposed Linda Mwananchi Movement.

The applicants had challenged the Registrar’s refusal to reserve both the party’s proposed name and abbreviation, LLM, and asked the Tribunal to compel the Registrar to approve their application.

The Tribunal Ruling

In its ruling, the Tribunal said the Registrar’s decision effectively denied the applicants their right to form or participate in the formation of a political party.

“The decision by the Registrar declining to reserve the name Linda Mwananchi is hereby set aside,” the Tribunal ordered.

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The Registrar has therefore been instructed to proceed with the reservation of the name within seven days.

The decision means the applicants can proceed with the next stage of the process of establishing the proposed political party, subject to meeting the other requirements provided for under Kenyan law.

The Party

In addition, the Tribunal’s ruling specifically concerned the reservation of the proposed party name and abbreviation and did not, by itself, amount to the full registration of Linda Mwananchi Movement as a political party.

Under Kenya’s political parties framework, the Registrar of Political Parties is responsible for overseeing the registration and regulation of political parties and maintaining the official register of political parties.

Process of registering a political party involves several legal and administrative requirements, including the reservation of a proposed party name before other registration steps can be undertaken.

Applicants had moved to the Tribunal after the Registrar declined their application, prompting the dispute over whether the rejection was legally justified.

In setting aside the decision, the Tribunal directed the Registrar to comply with its order within the specified seven-day period.

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This ruling therefore provides the applicants with an opportunity to continue pursuing the formation of the proposed movement under the applicable legal and regulatory framework.

Additionally, the development comes amid continued activity involving political parties and movements seeking registration and participation in Kenya’s political process.

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Edwin Sifuna in a political rally
PHOTO/X