Political parties boss denies refusing to list Passaris party

The Political Parties Registrar, Lucy Ndungu, has denied refusing to list Nairobi Women Representative’s hopeful Esther Passaris’ party, Harambee Democratic Party.

The businesswoman’s application to register the party was declined after Ndungu said that the name ‘Harambee’ was legally protected, leading to her appeal at the Political Parties Dispute Tribunal.

In an affidavit, the political parties boss said that Passaris failed to comply with Section 8 of the Political Parties Act 2001, to the effect that the name ‘Harambee’ is protected by law for use under Section 3 of the National Flag, Emblem and Names Act.

Following the rejection of her application, Passaris moved to court seeking orders to have Ndungu register the party arguing that the proposed name “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 sought the registration of her party  as “Harambee Democratic Party” but the application was declined by   Mrs Ndungu leading to an appeal to the Political Parties Dispute Tribunal.

In addition, Passaris, through her lawyer Maobe Maotsetung, claimed that there are several parties that been registered under the same Harambee name, adding that Ndungu’s rejection has no legal basis.

“There has been no refusal to register other parties like Harambee Stars, Harambee  Sacco Society which were  registered many years ago,” Maobe told the court.

Maobe told the Political Parties Dispute Tribunal that the action by the Registrar was arbitrary and it should be quashed, with the party registered as a matter of priority.