Politician Esther Passaris now demands that the political parties tribunal registers her youngest kid on the block, Harambee Democratic Party.
She wants the registrar of political parties compelled to register the new outfit.
Passaris popularly known for her flagship project Adopt a Light is vying for the Nairobi gubernatorial position.
Through her lawyer Maobe Maotsetung she claims that the register of political parties has violated her constitutional rights by failing to reserve the name of her party.
She contests that the registers’ decision to decline to register her political party is in breach of her constitutional rights.
According to Passaris, the reasons indicated in a letter dated June 10th and 24 August 2016 are unlawful since the allegation that the name is not in compliance with Political Parties Act 2011 and the Constitution are misreading of the provisions of the law.
She claims that the Registrar has erroneously alleged that the proposed name violates section 8 of Political Parties Act 2011 simply because the name Harambee forms part of the National Coat of Arms recognized under Article 9c of the Constitution.
Passaris says even though the word harambee is protected by the law from use, it so protected but not when used in conjunction with other words and for purposes that are not connected with the National Coat of Arms it’s not prohibited under the provisions of section 3 of the National Flag, Emblems She says the Registrar and her predecessor had previously registered Madaraka Party.
She says that the registrar erred despite the fact that the words “Harambee,” “Jamhuri”, “Madaraka” and “Nyayo” have lawfully been used in various instances in Kenya without any offences to the constitution.
Passaris has also cited the use of the name in other fora, the Harambee Sacco Society Limited, Harambee Stars, and Harambee Construction Limited.