Businesswoman Esther Passaris with her lawyer Gitobu Imanyara leaving Milimani law courts after Mr Imanyara completed his submission in a case which Passaris challenged tribunal decision in the high court.
BY SAM ALFAN.
Nairobi gubernatorial hopeful candidate Esther Passaris’s claims that the registrar of political parties has failed to comply with the political parties act by failing to register her party.
Through Senior Counsel Gitobu Imanyara, Passaris claims that by falling to register her party by the name ‘Harambee’ she failed to comply with the political parties act.
“The registrar does not state what provision of the political act she is using in refusing to register the party,” said Gitobu.
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 suggested name is in compliance with Section 8 of the political parties Act. The parties appeared be foe Justice Lucy Njuguna for the hearing of their submissions.
The registrar had argued that she will rely on the documents that were used during the tribunal in the case.
The court heard that the Registrar will not file further responses but will be relying on the submissions that were used during the tribunal.
Passaris has appealed against a decision by the Political Parties Tribunal which dismissed an application to have her ’Harambee Democratic Party’ registered.
Imanyara submitted that the delay in the registration of her party will prevent her from taking part in the next general elections and any other political activities through platform of her choice.
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 to register 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.
Chaired by Kyalo Mbobu, James Atema and Paul Ngotho ruled that the Registrar did not violate any rights as claimed by the businesswoman 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 Kyalo while delivering the ruling.
Through her lawyer Maobe Maotsetung, She 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.
She 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 Coat 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 her party, the Registrar acted with malice, bias and has disregarded the law.
Passaris party to know it fate on November 10, 2016.
