The Political Parties Disputes Tribunal (PPDT) set aside the decision by the Office of Registrar of Political Parties declining to reserve the name Linda Mwananchi Movement.
PPDT ordered the Registrar to reserve the name within seven days.
The Tribunal found that the Registrar’s decision to decline the reservation of the name was without legal justification and amounted to a denial of the applicants’ 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.
The Registrar was consequently directed to proceed with the reservation of the name within seven days of the Tribunal’s decision.
The orders followed a dispute involving Caroli Omondi, Pauline Njoroge and Faith Odhiambo, who identify themselves as founders of the Linda Mwananchi Movement.
The applicants had challenged the Registrar’s refusal to reserve the name Linda Mwananchi Movement and its abbreviation, LLM, and sought orders compelling the Registrar to approve and reserve the name in their favour.
The Tribunal also addressed the participation of Liberty National Democratic Alliance (LINDA), commonly known as Linda Party, in the proceedings.
It found that LINDA was not a fully registered political party and therefore lacked the legal capacity to sue, be sued or participate in proceedings in its own name.
The Tribunal consequently struck out all pleadings filed by LINDA as an interested party.
The orders stated that the interested party, being not a fully registered political party, lacked the requisite legal capacity to participate in the proceedings.
While the Tribunal granted the applicants’ request to set aside the Registrar’s decision and directed the reservation of the name within seven days, all other prayers sought by the applicants were declined.
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