Sifuna gets party nod but will he beat key deadlines?

Nairobi Senator Edwin Sifuna's Linda Mwananchi Movement can now proceed to reserve the name with the Registrar of Political Parties and thereafter begin the process of its registration as a political party after getting the nod from the Political Parties Disputes Tribunal (PPDT).

The green light was given yesterday through a ruling made by the PPDT, but the group now faces a race against time to reserve the name and its officials before the October 15, 2026 deadline set by the Registrar of Political Parties, John Cox Lorionokou.

The group was repeatedly frustrated by the Registrar through claims that other parties had already reserved the name, arguments that were yesterday trashed by the PPDT officials.

The judgement gives the Registrar of Political Parties seven days to reserve the Linda Mwananchi name, because political parties have until October 15, 2026, to submit the names of their authorised officials and specimen signatures to the Office of the Registrar of Political Parties (ORPP) and the Independent Electoral and Boundaries Commission (IEBC).

That leaves the movement with only about 15 days to translate the legal victory into a fully functional political vehicle capable of meeting the electoral requirements.

The first stage is the reservation of a name. If the process is not contested, the second stage is where the Registrar issues a provisional certificate within 30 days after submitting a correct application and fulfilling the initial conditions

The validity period of the provisional certificate is 180 days (6 months), which is mandatory. Under this window, the party cannot participate in elections but must use the time to recruit at least 1,000 registered voters in more than half of Kenya's counties (at least 24 counties) and set up physical branch offices.

“The Registrar reviews the compliance documents (membership lists, branch offices, and leadership gender balance) and issues a full registration certificate within 30 days after being satisfied that the party has complied with the law,’ the guidelines from the ORPP read in part.

Sifuna's team had been denied use of the name because another party, the Liberty National Democratic Alliance (LINDA) Party, had allegedly reserved the name LINDA. That argument was, however, trashed yesterday by the PPDT, who argued an abbreviation is different from a name. They also cited examples of many parties that have almost identical names.

The dispute had been running for many months, with the Registrar initially rejecting the proposed Linda Mwananchi Movement name before Sifuna’s allies moved to the Political Parties Disputes Tribunal.

For Sifuna, therefore, winning the case may have solved one problem while creating another: how to secure, organise and submit a compliant political party structure before the electoral clock runs out.

Yesterday's judgement also set a precedent that a party which has not been fully registered can’t participate in an election. This would mean that the Linda Mwananchi party can’t be submitted to the ORPP and the IEBC since it is not fully constituted, a move that also deals Sifuna another blow.

The Liberty National Democratic Alliance (LINDA) had reserved the name on November 15 2024 but they did not adhere to the 90-day period to comply with the Political Parties Act to acquire full registration.

Legal minds believe that although Sifuna won in the Linda Mwananchi Movement party, he should not go into honeymoon, as the legal battle and the electoral calendar might lock him out in the next year’s general election.

According to Alexander Mukhwana, an advocate, Sifuna must move with speed and acquire an existing party and avoid being invited into legal disputes, as it could be a ploy by his critics to keep him busy and, as a result, risk becoming time-barred.

“Courts operate independently and his case might be resolved in two years, long after the election is conducted; therefore, Sifuna must now shift his focus to announcing a political party name and popularising it to his supporters. If the courts move with supersonic speed and determine the current matter in his favour, he could rebrand the party into Linda Mwananchi, but currently, let him announce a political vehicle for his supporters,” Mukwana opined.

Some of his allies who have registered or gained control of political parties include Vihiga Senator Godfrey Osotsi (Kenya National Alliance), Embakasi East Babu Owino (The Mwananchi Party), Trans Nzoia Governor George Natembeya (UPP), Saboti MP Caleb Amisi (People's Renaissance Movement (PM), Kakamega Senator Boni Khalwale (United Patriotic Movement (UPM) and ODM National Treasurer Timothy Bosire (United National Congress (UNC).

Already, cracks have emerged within the Linda Mwananchi team as Sifuna allies accuse each other of being used by the State to try and mislead and confuse Sifuna over a choice of political party.

Amisi has clashed with Natembeya over his move to seek to rebrand UDP, while he had already secured a political party that would be Sifuna's political vehicle, while Babu Owino has registered his displeasure over Sifuna’s failure to make it clear which political vehicle he had chosen.

jgachane@standardmedia.co.ke