Esther Passaris in court over registration of Harambee party

Businesswoman Esther Passaris has moved to court seeking orders to have the Registrar of Political Parties resister her political party – Harambee Democratic Party.

Passaris argues that the proposed use of Harambee Democratic Party is not an improper use of the word Harambee and is not prohibited under the provisions of Section 3 of the National Flag, Emblems and Names Act.

Passaris, who is also a politician, says that the reasons given by the Registrar of Political Parties are unlawful.

She further says that the allegations by the Registrar of Political Parties that the name is not in compliance with the Political Parties Act 2011 and the Constitution of Kenya 2010, Article 91 is a violation of her rights.

“The decision of the Registrar is an infringement of my constitutional rights,” argues Passaris.

She claims that in her decision, the Registrar failed to take note that the words HARAMBEE, JAMUHURI and MADARAKA have lawfully been used in various instances in Kenya without offences to the Constitution.

She further says that the Registrar’s decision to refuse to register her party may have been influenced by certain forces. In her affidavit, Passaris argues that the Registrar erroneously alleged that the proposed name violates Section 8 (c) of the Political Parties Act because the name Harambee forms part of the National Coat of Arms recognized under Article C of the Constitution.

She now wants the name Harambee Democratic Party (HDP) reserved for purposes of registration of a political party under the Political Parties Act 2011. The matter will be heard Friday, August 2 by the political party tribunal.