The Political Parties Disputes Tribunal has ruled that the Liberty National Democratic Alliance (LINDA) lost priority to the name after its reservation lapsed by operation of law in November 2024.
The tribunal found that the reservation made on November 15, 2024 was valid for 90 days, but no formal application for provisional registration was made within the period prescribed by the Political Parties Act.
The panel, chaired by Innocent Muganda, said the expiry of the reservation extinguished any priority or enforceable interest that had attached to the name.
“Accordingly, we find that the reservation made on 15 November 2024 lapsed and was extinguished by operation of the statute itself and no action can breathe life into it,” the tribunal ruled.
The tribunal said the effect of the lapse was that the name was no longer reserved for the proposed or registered political party.
It further found that the name became available for reservation by another applicant.
“The name became available for reservation by the Interested Party or by any other applicant,” the tribunal said.
The finding arose from a dispute involving an application by Caroli Omondi, Pauline Njoroge and Faith Odhiambo, who identify themselves as founders of the Linda Mwananchi Movement.
The appellants challenged decisions by the Office of the Registrar of Political Parties declining to reserve the name Linda Mwananchi Movement and its abbreviation, LLM.
They had asked the tribunal to set aside the Registrar's decision contained in a letter dated August 7, 2026 and compel the office to approve and reserve the name and abbreviation in their favour.
They also sought an order barring the Registrar from considering, processing, reserving or registering the name Linda, or names bearing the words Linda Mwananchi or any deceptively similar variation, for another person or entity.
In considering the dispute, the tribunal examined the statutory framework governing reservation of political party names.
It cited Section 4B of the Political Parties Act, which provides that where a name has not already been reserved for another political party, the Registrar shall reserve it for an applicant for 90 days.
The tribunal further considered Section 5, which requires an association seeking provisional registration to make the application within the prescribed period, failing which the reservation lapses.
The Registrar told the tribunal that an application for provisional registration ought to be made within 90 days of reservation and confirmed that no such application had been made in the case of Linda.
The tribunal also considered a letter dated August 14, 2026 in which the Registrar asked Linda to submit documents as a formal application for provisional registration.
It found that the letter further demonstrated that no formal application had previously been made.
“Having found that there is no formal application for provisional registration within the period specified in Section 4B(2) of the Political Parties Act as required by Section 5(1)(a), it follows therefore that the reservation of the name Linda lapses on the 90th day of its reservation,” the tribunal ruled.
The panel said the Registrar could not revive the expired reservation through an administrative record or later action.
It found that any purported attempt to revive the reservation after the statutory lapse would be unlawful.
The tribunal also struck out pleadings filed by Linda as an interested party after finding that it was not a fully registered political party and therefore lacked legal capacity to participate in proceedings in its own name.
“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.
The tribunal consequently struck out all pleadings filed by Linda for want of legal capacity.
