At least 20 attempts to register a political party bearing the name “hustler” were rejected last year when the campaign slogan associated with Deputy President William Ruto gained popularity.
The Office of Registrar of Political Parties rejected multiple applications on grounds that the names did not comply with the Political Parties Act of 2011 and Article 91 of the Constitution.
Initially the names were rejected as they were “founded on one social grouping — hustlers” but subsequent applications were dismissed on grounds the names “lacked outright meaning,” according to the office’s latest annual report.
Registrar of Political Parties Anne Nderitu explained the rejected applications did not also meet the requirements of Article 10 of the Constitution on national values and principles of governance.
“As an office we are focused on creating a multi-party system that is issue-based. It is about promoting democracy and unity of the country,” said Ms Nderitu.
Ms Nderitu told the Nation that over 1,000 applications for registration of new political parties were made during the 2019/2020 financial year out of which 176 were rejected.
Other than “hustler”, there were also three unsuccessful attempts for parties bearing the names Building Bridges and five with the initials BBI.
It is not clear whether the attempts to register the ‘hustler’ parties had any links to the DP’s camp or they were schemes by speculators scheming to cash in on the outfits.
Under pressure from a Jubilee camp allied to President Kenyatta that is hostile to his presidential bid, the DP and his camp have turned to a new outfit, the United Democratic Alliance (UDA). Its symbol is a wheelbarrow to depict the hustler campaign.
Tuesday, Soi MP Caleb Kositany, a key ally of the DP, dismissed claims that the “hustler” applications are associated with the DP.
“I can assure you that none of the DP’s allies applied to register a party with the name hustler. Our party is UDA and that is where we are,” Mr Kositany said.
Ahead of the 2007 general election, Mr Raila Odinga was left stranded after lawyer Dan Maanzo — now Makueni MP — ran away with ODM-Kenya.
Mr Odinga had hoped to run for the presidency on the party’s ticket but Mr Maanzo, then the party chairman, blocked his moves and delivered the party to Mr Kalonzo Musyoka.
With time running out, Mr Odinga had to negotiate with Mr Mugambi Imanyara, a city lawyer, to take over the Orange Democratic Movement.
“Political realignments in anticipation for the coming elections may have also triggered the flurry of applications and to be associated with the times of the moment. You remember how ODM was popular after the rejection of the 2005 referendum on the new constitution,” Ms Nderitu explained.
Section 8 of the Political Parties Act stipulates that the parties’ registrar may refuse an application for the registration of a political party on various grounds.
These include if the name of the political party, the abbreviation of the name or the symbol that it wishes to use is obscene or offensive, is the name or is an abbreviation of another political party that is registered under the law.
The registrar may also decline registration if the name or abbreviation of the name or symbol so nearly resembles those of the existing parties or any other legal entity registered under any other written law.
Article 91 of the Constitution provides that every political party shall have a national character as prescribed by an Act of Parliament and promote and uphold national unity among others.
The same Article adds that, among others, a political party shall not be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis.
Section 5 (2) of the Political Parties Act provides that upon application for registration, the registrar shall, within 30 days, issue a certificate of provisional registration but upon meeting conditions set by law.
A political party that has been provisionally registered shall, not later than 180 days from the date of provisional registration, apply to the registrar for full registration.
The registrar shall, within seven days of receipt of the application, publish a notice in the Gazette and in at least two newspapers having nationwide circulation.
The purpose of this is to invite objections from any person or any other political party concerning the registration of the name, symbol or colour of the party or any other issue relating to the registration of the political party.
The provisional registration of a political party which has not applied for full registration shall lapse at the expiry of 180 days from the date of issue of the certificate of the provisional registration.
Provisional registration of a political party which has applied for full registration shall be valid until the political party is issued with a certificate of full registration, or until the application of the political party to be registered has been rejected.
A political party that has been provisionally registered shall however, not be entitled to participate in an election.
The law further notes an application for full registration of a political party shall be in writing and shall be signed by an authorised official of the political party.
A provisionally registered political party shall be qualified to be fully registered if it has recruited as members, not fewer than 1,000 registered voters from each of more than half of the counties.
The members must reflect regional and ethnic diversity, gender balance and representation of minorities and marginalized groups.
The composition of its governing body must also reflect regional and ethnic diversity, gender balance and representation of minorities and marginalised groups.
It is also a requirement that not more than two-thirds of the members of a party’s governing body are of the same gender.
The party must also demonstrate that members of its governing body meet the requirements of Chapter Six of the Constitution and the laws relating to ethics.
A list of names, addresses and identification particulars of all its members, the location of its head office must also be submitted to the registrar.
The head office shall be a registered office within Kenya and a postal address to which notices and other communication may be sent and the location and addresses of the branch offices of the political party, which shall be in more than half of the counties.
