The Political Parties Disputes Tribunal has cleared the way for the reservation of the Linda Mwananchi Movement name after setting aside the Office of the Registrar of Political Parties’ decision to decline the application.
The tribunal found that the Registrar had no lawful basis to reject the application by Caroli Omondi, Pauline Njoroge and Faith Odhiambo, who identify themselves as founders of the proposed political party.
“Having been taken without lawful basis, the refusal unjustifiably limited the appellants’ right to form or participate in forming a political party under freedom of association,” the tribunal ruled.
The appellants had challenged the Registrar’s decision contained in a letter dated August 7, 2026, declining their application dated August 4, 2026 to reserve the name Linda Mwananchi Movement and its abbreviation, LLM.
In its determination delivered on Wednesday, the tribunal distinguished the proposed name from Liberty National Democratic Alliance (LINDA), which had previously been reserved.
The dispute over the two names formed part of the Registrar’s basis for declining the appellants’ application. However, the tribunal found that the earlier reservation of LINDA could not lawfully be used to block the appellants’ application.
“As we have found, the reservation of the name Liberty National Democratic Alliance (LINDA) had lapsed by operation of law long before the appellants applied,” the tribunal said.
It added that the names presented by the appellants were not the same as the lapsed LINDA name.
“In any event the names proposed by the appellants are not that name,” the tribunal ruled.
The tribunal further noted that the Registrar had not presented the name of any registered political party as a legal basis for refusing the reservation.
The panel, chaired by Innocent Muganda, consequently set aside the Registrar’s decision declining to reserve the Linda Mwananchi Movement name.
The tribunal directed the Registrar to proceed in accordance with the law and take action on the appellants’ application within seven days.
The decision followed an appeal filed under Section 40 of the Political Parties Act, which gives the tribunal jurisdiction to hear appeals against decisions of the Registrar.
The appellants had sought an order compelling the Registrar to approve and reserve the name Linda Mwananchi Movement and its abbreviation, LLM.
In it's ruling, the tribunal, separately struck out pleadings filed by Linda as an interested party after finding that it was not a fully registered political party.
The panel found that an unregistered political party does not have the legal capacity to sue, be sued or participate in proceedings in its own name under Section 16(1) of the Political Parties Act.
“We further find that not being a fully registered party, the interested party cannot sue, be sued, or participate in proceedings in its own name as it has no legal capacity,” the tribunal ruled.
It consequently struck out all pleadings filed by Linda for want of legal capacity.
The finding means that the earlier reservation could not provide a legal basis for blocking the separate Linda Mwananchi Movement application.
The tribunal further declined a request to suspend its decision after it was asked to stay its orders, noting that it had issued declaratory orders.
