A legal challenge has emerged against the Registrar of Political Parties in Kenya regarding the rejection of the name “The Gen Z Party.” James Ogega, the petitioner, has filed a petition with the Political Parties Dispute Tribunal seeking to overturn the Registrar’s decision and secure official registration for the proposed party name.
The dispute began after Ogega applied to reserve and register the name “The Gen Z Party,” following the procedures outlined in Section 4B of the Political Parties Act. Despite paying the necessary fees, his request was denied by the Registrar. The rejection was communicated through a letter dated July 11, 2024, which Ogega received on July 18, 2024. The letter cited concerns that the name did not promote inclusivity as required by Article 91(1)(a)(e) of the Constitution.
Ogega’s petition argues that the Registrar’s decision was both premature and discriminatory. He contends that the Registrar’s interpretation of the name’s inclusivity was flawed and lacked a detailed explanation. According to Ogega, the name “The Gen Z Party” could be interpreted in various ways that align with the principles of inclusivity. Examples he provided include names such as “Generation Zion” or “General Zeus,” which do not inherently imply exclusivity.
Furthermore, Ogega challenges the timeliness of the Registrar’s response. He asserts that Section 4B(3) of the Political Parties Act requires the Registrar to respond within 14 days of receiving a name reservation request. However, the response came after 21 days, which Ogega argues should render the notification time-barred. According to him, this lapse in response time implies that the name should have been automatically reserved.
Ogega’s petition also highlights procedural errors. He claims that the Registrar’s decision was made without reviewing the proposed party’s list of members, which should have been considered to fully assess the party’s inclusivity. This oversight, he argues, is a violation of the political rights granted under Article 38(1) of the Constitution, which ensures every citizen’s right to form a political party.
In his application to the Tribunal, Ogega requests the following remedies:
- An order quashing the Registrar’s decision to reject the reservation of “The Gen Z Party” name.
- A directive for the Registrar to officially reserve the name as of June 24, 2024, or alternatively, to recognize the name as reserved from that date.
Ogega’s case underscores a critical issue in the registration process for political parties, particularly regarding the interpretation of inclusivity and adherence to statutory deadlines. The outcome of this petition could set a significant precedent for future cases involving political party registration and the interpretation of constitutional principles related to inclusivity.
As the Tribunal prepares to deliberate on the case, the resolution of this dispute will be closely watched by political observers and potential party founders who may face similar challenges in the future. The decision will also impact how the Registrar of Political Parties interprets and applies the inclusivity provisions of the Political Parties Act in subsequent applications.
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