Court sets date for hearing of Passaris appeal

Businesswoman Esther Passaris has appealed against a decision by the Political Parties Tribunal to dismiss an application to have her Harambee Democratic Party registered.

Through Lawyer Gitobu Imanyara, Passaris claimed that the delay in the registration of her party will prevent her from taking part in the next General Election and any other political activities through the platform of her choice.

Under certificate of urgency, Passaris claimed 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.

Lady Justice Lucy Njuguna directed the respondents to file their response in seven days.

“The parties should appear before the court for compliance on October 26, 2016,”said Njuguna.

The tribunal on October 8, 2016 dismissed her application to compel the Registrar of Political Parties to register her Harambee Democratic Party.

Passaris 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 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 Kyalo while delivering the ruling.

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.

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.

She added that she will appeal the decision. The matter will be heard on October 26.