The Political Parties Disputes Tribunal, chaired by Innocent Muganda, has handed the Nairobi Senator Edwin Sifuna-linked Linda Mwananchi Movement a fresh chance to secure its preferred political identity. The Tribunal set aside the Registrar of Political Parties' August 7, 2026 decision declining to reserve Linda Mwananchi Movement (LMM) and its variations. This decision was made in favor of Michael Caroli Omondi, Pauline Njoroge, and Faith Odhiambo, who had filed an appeal against the Office of the Registrar of Political Parties.
The Tribunal directed the Registrar to reconsider the application for reservation of the name and abbreviation LMM in accordance with the law and its findings, and communicate its position within seven days. The appeal was filed against the Office of the Registrar of Political Parties with Liberty National Democratic Alliance (LINDA) as the interested party. However, the Tribunal struck out all pleadings filed by LINDA after finding that the entity had not completed registration and therefore lacked legal capacity to participate in proceedings in its own name.
The Tribunal found that LINDA's reservation, made on November 15, 2024, had lapsed after the statutory 90-day period because no formal application for provisional registration had been made within the required period. As a result, the Tribunal held that the reservation of Liberty National Democratic Alliance Linda automatically lapsed by operation of law. The Tribunal also rejected the Registrar's reliance on the similarity between LINDA and the proposed Linda Mwananchi names, noting that the names were plainly different and visually distinct.
The Tribunal chairperson Muganda said the Registrar had failed to explain the "public interest" considerations behind the initial rejection, holding that a decision based on undisclosed public interest considerations fell short of the constitutional requirement to give written reasons. The Tribunal ruled that the Registrar's decision declining to reserve the names proposed by the appellants was not justified under Section 4B or Section 8 of the Political Parties Act and was therefore unlawful.
The panel further found that the Registrar's refusal was inconsistent with its previous practice of registering parties whose names contained similar words. It held that the decision breached constitutional protections under Articles 27, 36, 38, and 47, including equality before the law and the right to fair administrative action. The Tribunal consequently declared the August 7 decision without legal justification and ordered the Registrar to reconsider the Linda Mwananchi application.
The ruling follows a dispute that began after the Registrar rejected the Linda Mwananchi application, initially citing public interest and later referring to the existence of LINDA. The applicants had argued that the reversal threatened their constitutional political participation rights. The Tribunal declined the other prayers that had not specifically been granted and ordered each party to bear its own costs.
The Linda Mwananchi Movement's case highlights the importance of fair administrative action and the protection of constitutional rights in Kenya's political landscape. The Tribunal's decision demonstrates the crucial role of the judiciary in ensuring that the Registrar of Political Parties acts within the bounds of the law. As the Registrar is set to reconsider the application, the outcome will be closely watched by stakeholders in Kenya's political arena.
Key points
- The Political Parties Disputes Tribunal has overturned the Registrar of Political Parties' decision to block the Linda Mwananchi Movement's name.
- The Tribunal found that the Registrar's decision was unlawful and breached constitutional protections.
- The Registrar has been ordered to reconsider the Linda Mwananchi application within seven days.
