Linda Mwananchi faces fresh hurdle over party name change

Nairobi Senator Edwin Sifuna, who was presented as the leader of The Equitable Party, which is seeking to change its name to Linda Mwananchi Movement. [File,Standard]

An aspirant for the Chepalungu parliamentary seat has asked the Registrar of Political Parties to verify whether The Equitable Party secured the required approval to change its name to Linda Mwananchi Movement.

In a written submission dated October 21, Ruto Festus argues that the party must demonstrate compliance with its constitution before the proposed changes to its name, constitution, colours and symbol take effect.

He says he could not find publicly available records showing that a National Delegates Conference (NDC) had approved the changes as of October 20.

“I do not assert that no such meeting or approval exists; rather, I respectfully ask the Registrar to verify the position from the party's official records,” Festus wrote.

The proposed change follows The Equitable Party’s unveiling on October 4, when Nairobi Senator Edwin Sifuna was presented as its leader.

The party’s National Executive Committee (NEC) approved plans to pursue the Linda Mwananchi Movement name at a meeting on October 8, according to documents submitted to the registrar.

The registrar subsequently initiated the gazettement process and directed the party to report how it had addressed representations received from the public after the statutory 14-day period following newspaper publication.

Section 20 of the Political Parties Act provides for the notification and publication of proposed changes to a political party’s name and allows the public to submit representations.

The law also requires changes to be made in accordance with the party’s constitution and rules.

The aspirant argues that the NEC resolution may have initiated the amendment process but should not be treated as final approval if the party constitution requires a National Delegates Conference to endorse the changes.

He cites Article 10.3 of The Equitable Party’s constitution, which he says distinguishes between the NEC’s role in proposing amendments and the National Delegates Conference’s authority to approve changes affecting the party’s name, symbol, colours, constitution and rules.

The provisions also set requirements for a quorum and voting thresholds for such amendments, according to his submission.

The aspirant wants the registrar to verify whether any National Delegates Conference that approved the changes was properly convened and met the requirements on notice, delegate composition, quorum and voting.

He has also asked the registrar to treat the October 8 NEC resolution as the initiation of the amendment process rather than final constitutional approval, unless official records establish otherwise.

Festus says his objection concerns the procedure followed rather than the proposed name itself.

He wants the registrar to establish the facts from official records before recording the changes as final.