By Nita Karume—
The Court of Appeal has dismissed a case by Nairobi Woman Representative Esther Passaris to register a political party. The Registrar of Political Parties rejected the party name, Harambee Democratic Party last year. This is because of the word ‘harambee,’ which is prohibited and is not in compliance with Article 91 of the Constitution.
Ms. Passaris sought the intervention of the Political Parties Disputes Tribunal, which dismissed her appeal. Dissatisfied, she moved to the High Court where Justice Lucy Njuguna seconded the Registrar of Political Parties’ decision.
Unrelenting Passaris then moved to the Court of Appeal. According to her, the judge was in error for failing to set aside the tribunal’s decision, which she argued violated her right to form and participate in a political party.
Last Friday, Court of Appeal judges Asike Makhandia, W Ouko and PO Kiage agreed with the tribunal’s decision.