Sifuna gets nod to proceed with Linda Mwananchi registration

By  Joseph Wangui

Correspondent

Nation Media Group

Nairobi Senator Edwin Sifuna has secured a major legal victory in the fight over the Linda Mwananchi political identity after a tribunal quashed the Registrar of Political Parties’ decision blocking reservation of the name.

The Political Parties Disputes Tribunal found that the rival Liberty National Democratic Alliance (LINDA) was neither provisionally nor fully registered and that its reservation of the name made on November 15, 2024, had lapsed after the 90 days, leaving the name available for use by another party.

“We find that the reservation of Liberty National Democratic Alliance, LINDA, automatically lapsed by operation of law, and therefore, no administrative act or decision by the Registrar can breathe life into it,” the Tribunal said.

“We therefore find that the respondent (Registrar) could not revive the LINDA reservation by its letter dated August 14, 2026, the reservation having lapsed by operation of law,” it added.

The dispute arose after the Registrar rejected an application by Suba South MP Caroli Omondi, political activist Pauline Njoroge and former Law Society of Kenya president Faith Odhiambo to reserve the name Linda Mwananchi Movement (LMM) as a political outfit. The three are Mr Sifuna’s allies in the movement.

They challenged the August 7 decision, arguing that Linda Mwananchi Movement was distinct from Liberty National Democratic Alliance and should not have been blocked because of LINDA.

Chaired by lawyer Gad Gathu, the tribunal set aside the August 7 decision and directed the Registrar to reconsider the reservation application within seven days.

The order sends Mr Sifuna’s team’s application back to the Registrar but does not itself register a political party.

The Tribunal also rejected an attempt to challenge the appellants’ capacity to file the appeal, finding that there was no requirement to disclose promoters at the reservation stage.

It said Section 4B of the Political Parties Act allows an association or organisation to apply for reservation, while disclosure of promoters arises at the registration stage.

On LINDA’s participation in the case, the Tribunal found that the entity had no legal capacity to sue because it had not been fully registered. It relied on LINDA’s own admission that it had not completed the registration process.

“We find that Liberty National Democratic Alliance is neither a provisionally nor a fully registered party,” the Tribunal said, adding that the law gives only a fully registered party the capacity to sue and be sued.

It therefore struck out all pleadings filed by LINDA, holding that the entity lacked the legal capacity to participate in the proceedings.

The dispute centred on the Registrar’s June 11, 2026 letter rejecting the name “Linda Mwananchi” on public-interest grounds, followed by the August 7 decision, which cited LINDA as the basis for blocking the reservation.

The Tribunal found that the Registrar had not explained the public-interest considerations relied upon in rejecting the name.

It compared Liberty National Democratic Alliance with Linda Mwananchi Movement and found that the two names shared no common word and were visually, phonetically and conceptually different.

The Tribunal noted that “Linda” is a Kiswahili word with an independent meaning, while LINDA is an acronym formed from Liberty National Democratic Alliance.

The panel found no likelihood of confusion and rejected the argument that LINDA had exclusive rights over the word “Linda”.

The Tribunal also considered the Registrar’s treatment of parties sharing words such as “Liberty”, “National”, “Democratic” and “Alliance”.

It found that the Registrar’s refusal to reserve Linda Mwananchi while allowing other parties with closely similar names was inconsistent with established practice.

The Tribunal said the inconsistency offended constitutional guarantees of equality and fair administrative action.

The panel also considered a list of 25 registered and provisionally registered political parties presented by the appellants to show that several parties already shared words such as “Liberty”, “National”, “Democratic” and “Alliance”.

It found no basis for treating Linda Mwananchi Movement as confusingly similar to LINDA.

The Tribunal further found that the Registrar’s decisions of June 11 and August 7, 2026 were not justified under the Political Parties Act.

It declared the August 7 decision unlawful, set it aside and ordered the Registrar to reconsider the reservation application within seven days.

On LINDA’s name reservation, the Tribunal found that the November 15, 2024 reservation was subject to a 90-day period within which the applicant was required to apply for provisional registration.

It found no Form PP1, the formal application for provisional registration,  filed within that period.

The Registrar confirmed that no formal application had been made in the required form. A February 4, 2025 letter from LINDA supplying documents did not satisfy the requirement.

The Tribunal also considered an August 14, 2026 letter in which the Registrar asked LINDA to submit a formal application for provisional registration.

It said the letter confirmed that the required application had not been made within the reservation period.

“We find that the reservation of Liberty National Democratic Alliance, LINDA, automatically lapsed by operation of law, and therefore, no administrative act or decision by the Registrar can breathe life into it,” the Tribunal said.

It added that the lapsed reservation could not prevent another applicant from seeking the name, meaning LINDA retained no priority or enforceable interest arising from the expired reservation.

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