Business woman Esther Passaris has for the second time a bid to register her political party under the name “HARAMBEE”.
High Court Judge Lucy Njuguna dismissed her appeal yesterday on the grounds that she failed to prove how the registrar of political parties violated her rights. “The appellant cannot use the name Harambee to register her party because the registrar did not violate any rights by failing to register her party,” said Njuguna.
Ms Njuguna added that the appeal has no merit and dismissed it. Passaris had appealed against the decision of the Political Parties Tribunal to dismiss her application.
She was seeking orders compelling the Registrar of Political Parties to register her Harambee Democratic Party. The panel, led by Mbobu Kyalo, ruled that the registrar did not violate any rights as claimed by Passaris who wants to vie for the governor’s seat in Nairobi.
“We have dismissed this application because the petitioner failed to verify how the registrar violated her constitutional rights by failing to reserve the name of her party,” said Mr Kyalo while delivering the ruling yesterday.
Through her lawyer Maobe Maotsetung, Passaris had argued that the registrar erred to state that the proposed name violates Section 8 of Political Parties Act 2011 simply because it forms part of the National Coat of Arms.
Passaris had contested that even though the word Harambee is protected by the law from use, when used in conjunction with other words and for purposes that are not connected with the National Court of Arms it is not prohibited under the Constitution.
In a letter dated June 10, she was informed that the registrar had declined to register her party. She said the reasons given by the register are unlawful and by refusing to register the party, the registrar acted with malice, bias and in disregard of the law. She added that she will appeal the decision.
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Through her lawyer Gitobu Imanyara, Passaris told Justice Njuguna that the registrar did not state what provision of the Political Act she was using in refusing to register the party. He added that the registrar is operating in erroneous understanding of what her role is because registration of any party is every Kenyans right.
“She is under obligation that she registers Harambee Political Party and the suggested name is in compliance with the law of the Political Parties Act,” said Gitobu.
The registrar had argued that she will rely on the documents used during the tribunal in the case. He added that the appeal is of great national and public interest because the party includes the matters affecting Women. “We want the court to hear the matter urgently because it is in the interest of Justice,” said Imanyara.
The tribunal on October 8, 2016 dismissed her application to compel the Registrar her Harambee Democratic Party. She claims the tribunal was not fair in dismissing her petition because she has a right to have her party registered. Passaris said that she will appeal again against the decision.
[crp]
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