Mwakilishi
Get the Mwakilishi app Kenyan & diaspora news, one tap away

 

Sifuna Gets Green Light to Proceed With Linda Mwananchi Registration

Posted
By Martin Olage
🕑 3 min read
Sifuna Gets Green Light to Proceed With Linda Mwananchi Registration

The Political Parties Disputes Tribunal has overturned a decision blocking the reservation of the name Linda Mwananchi Movement, giving a political project associated with Nairobi Senator Edwin Sifuna a fresh opportunity to pursue registration.

The dispute involved Suba South MP Caroli Omondi, political activist Pauline Njoroge and former Law Society of Kenya president Faith Odhiambo, who had applied to reserve the name for a political organisation. The application was rejected by the Registrar of Political Parties, initially on public-interest grounds and later because the name was considered similar to Liberty National Democratic Alliance, commonly known as LINDA.

The Tribunal found that the Registrar had relied on a reservation for Liberty National Democratic Alliance that had already expired. The reservation was granted in November 2024, but the organisation did not submit the required application for provisional registration within the statutory 90-day period.

The panel ruled that the reservation therefore lapsed automatically and could not be restored through subsequent administrative correspondence. It said the Registrar had no authority to revive a reservation that had already expired by operation of law.

The Tribunal also considered the legal status of Liberty National Democratic Alliance. It found that the organisation had neither obtained provisional registration nor been fully registered as a political party. As a result, it lacked the legal capacity to participate in the proceedings or institute a case. The Tribunal consequently struck out the pleadings filed on behalf of Liberty National Democratic Alliance.

The panel also examined whether Linda Mwananchi Movement and Liberty National Democratic Alliance were sufficiently similar to confuse the public. It found significant differences in their appearance, pronunciation and meaning.

The judges noted that “Linda” is a common Kiswahili word with an independent meaning, while LINDA is an acronym derived from the English name Liberty National Democratic Alliance. The Tribunal rejected the argument that the organisation could claim exclusive rights to the word “Linda”.

The ruling further examined the Registrar's treatment of similar names. Evidence before the Tribunal showed that several registered political parties use common terms such as “National”, “Democratic”, “Alliance” and “Liberty”.

The panel found that the different treatment of the Linda Mwananchi Movement application was inconsistent with constitutional requirements on equality before the law and fair administrative action. The Tribunal also rejected the Registrar's reliance on public-interest grounds, noting that the office had not provided clear reasons explaining how the proposed name would be contrary to the public interest.

However, the Tribunal did not order the immediate registration of Linda Mwananchi Movement. Instead, it nullified the Registrar's August 7 decision and directed the office to reconsider the reservation application within seven days.

The decision gives Sifuna and his allies another opportunity to pursue the political organisation, although it does not guarantee that the movement will ultimately be registered. The ruling also sets out the Tribunal's position that statutory deadlines governing political party registration must be followed and that regulatory decisions must be supported by clear and lawful reasons.

Add new comment

The content of this field is kept private and will not be shown publicly.

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.
CAPTCHA
Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Facebook Comments

Loading Facebook comments...

Leave a Comment

Share |
Subscribe Contact