Kenya Insights

Tag: Harambee Democratic Party

  • Tribunal Blocks Esther Passaris From Registering Her Harambee Democratic Party On Flimsy Grounds

    Tribunal Blocks Esther Passaris From Registering Her Harambee Democratic Party On Flimsy Grounds

    A tribunal chaired by Kyalo Mbobu and James Atema Paul Ngotho as members before the Kilimani court has dismissed Passaris’ plea to have the decision by Registrar of Political Parties blocking her from registering Harambee Democratic Party overturned.

    In a letter dated 10th June 2016, the registrar declined to register the name saying it name could not be reserved for use by a political party since the name “was not in compliance with the Political Parties Act, 2011 and the Constitution of Kenya, 2010 Article 91.” There was no explanation as to how or why the proposed name was not in compliance with the Political Parties Act and the Constitution. 2.

    A second letter was issued by the registrar of political parties on 24th August 2016 by which Passaris was informed that “Section 8(c) of the Act provides that the Registrar may refuse an application for the registration of a political party if the name or symbol that wishes to use the Act so nearly resembles the name or symbol or an abbreviation of the name of another political party registered under the Act or any other legal entity registered under any other written law. This is, therefore, to inform you that the name Harambee forms part of the National Coat of Arms of the Republic of Kenya recognized under Article 9c of the Constitution.”

    In appealing the decision, Passaris premised it on numerous grounds, key among them being that the rejection of the proposed name by the registrar was unlawful, unconstitutional and whimsical since the allegation that the name is not in compliance with the Political Parties Act 2011 and Article 91 of the Constitution is a clear misreading of these provisions of the law.

    In her defence, Passaris argue that whereas the word “HARAMBEE” is protected by law from use; it is so protected, but not when used in other words and for purposes that are not in conjunction with other words and objectives connected with the National Coat of Arms, and the proposed use of HARAMBEE DEMOCRATIC PARTY (HDP), is not an improper use of the said word, and is not prohibited under the provisions of Section 3 Cap.99 Laws of Kenya W . of the National Flag, Emblems and Names Act, while acknowledging such protection, her position is that such protection from use or abuse extends to the singular use of the each of the said names, and to avoid commercial exploitation and the creation of the notion of state patronage and approval in otherwise private undertakings, and to guard against the use of trademarks bearing such names; but when used in conjunction with other words, the same names are available and can lawfully be used for other purposes.

    Passaris argues further that, the said names have clear and distinct Kiswahili language meanings of their own, and cannot be said to exclusively belong to the State, and have therefore had widespread application and use in society when and where they do not violate any written law.

    One wonders why the case of Harambee Party is treated differently by the registrar in obvious bias steps alleged bias, for example, the fact that there is a party with the name Madaraka which, like Harambee, is a name protected under the National Flag, Emblem and Names Act.

    There have been entities registered using these protected names, such as HARAMBEE SACCO SOCIETY LIMITED, HARAMBEE STARS, HARAMBEE aircraft and marine vessels, HARAMBEE Foundation, a charitable educational organization, HARAMBEE SCHOOLS, ESTATE, HARAMBEE CONSTRUCTION LIMITED, JAMHURI HIGH SCH OOL, a leading secondary school in Nairobi, JAMHURI PARK, JAMHURI Savings Account by Co-Operative Bank of Kenya, JAMHURI ESTATE, in Nairobi, the NYAYO Motor Corporation, now renamed Numerical Machining Complex, and the NYAYO TEA ZONES DEVELOPMENT AUTHORITY Corporation. What therefore would stop the Harambee name from being registered.

    The tribunal findings surprisingly coincided with Passaris’ thinking on The reasons given by registrar for refusal include that the name Harambee has also been used by other entities registered under other laws. The examples provided by the registrar are Harambee Stars (the national soccer team) and Harambee SACCO Society Limited. However, this argument is self-defeating for if other government offices have registered entities with the name Harambee, why should the Registrar of Political Parties claim that the name can never be used since it forms part of the Coat of Arms and is protected under the National Flag, Emblem and Names Act?

    In a sharp, abrupt turn, the tribunal ruled that in their reading of the National Flag, Emblem and Names Act is that the word ‘Harambee’ (alongside the other protected words Nyayo, Madaraka, Jamhuri and the name of the President) cannot be used as the names of companies, firms or other bodies of persons, including political parties. Saying they’re well aware of the evidence which seems to show that the Registrar of Companies has allowed the name Harambee to be used by a company.

    The ruling has been criticized by the section of legal fraternity with one prominent judge heard saying the findings were idiotic and out of the constitution. It’s for example laughable thinking Kenya can’t differentiate between Jubilee party and Jubilee Insurance as one of the examples cited by the registrar. These things are as separate and can be told apart.

    It’s, therefore, unfair for the registrar to deny Passaris a chance to registrar her party early enough to give her time to popularize it countrywide and formally launch her gubernatorial bid. She has moved to the high court to appeal the decision with hopes she will be granted permission to have the name registered.

  • Esther Passaris Raises the Bar Amongst Kenyan Women in Modern Politics

    Esther Passaris Raises the Bar Amongst Kenyan Women in Modern Politics

    Esther Passaris, aspirant for Nairobi Gubernatorial
    Esther Passaris, aspirant for Nairobi Gubernatorial

    Women and the Civic Society has been battling with the not materialising Two-Third gender policy that would see a square representation in the political sphere. In the course, the women are looking into being allocated seats sheltering under the minority gender umbrella. Critics have shut down this mentality that women should shun away from maintaining a “receive” mentality and instead bolt out, cock their firearm and go head-on with the men who are currently enjoying the upper hand.

    In the current devolution government set up, of the 47 counties, none is a woman going further to show the wide gap in gender balance. Luckily, in nomination slots as a measure in fulfilling the gender balance. As of now, Esther Passaris is the only serious female contender who has expressed her interest in going for the Nairobi Gubernatorial position that is being eyed by political giants and test tube politicians. Passaris is determined to unseat the incumbent, Kidero and she doesn’t seem to be stopping at any point.

    With a vector of being unique, the fierce politician has decided to go the opposite way in pursuing her political ambition by creating her party. While the rest of contestants as Johnson Sakaja, Dennis Waweru, Eugene Wamalwa are neck on the neck to clinch the Jubilee ticket and gambling with their political career given the latest restrictive party hoping law, Passaris is maintaining a relaxed posture knowing her position in her party is secured.

    Passaris is currently battling to have her Harambee Democratic Party registered and did a national drive to popularise it. She is sharply against the Party Hopping rule saying it’s undemocratic and restricting. While other women are waiting for the male-dominated parliament to pass the gender rule that they’ve already shut down, great dreamers as Passaris are taking the next and necessary steps, taking. In Africa, there’s a widespread belief that power is not given it’s made.

    It couldn’t have happened at a better time when Hillary Clinton is poised to be the 1st ever American President and Meckel is holding down Germany, the time is ripe for women to arm up and take these seats. Passaris also discourages the nation of silver spoon feeding that majority of the women are banking on to be awarded the positions. In a highly competitive world where women are rising to high positions diminishing the traditional norm of men dominance, women like Passaris who opt to grow a tough skin and fight for their spaces must be celebrated.

    Passaris during an interview
    Passaris during an interview

    Passaris is not new to the murky world of politics that she’s been in and continues to. On February 16th, 2008, Passaris was among three ODM councillors who expressed interest in the Nairobi’s mayoral seat. Others included Baba Dogo councillor Godfrey Majiwa, ODM vice chairperson Mugambi Imanyara. Passaris and Imanyara were both short-listed by ODM for the nomination. ODM had 36 elected councillors against PNU’s 25 and therefore had 12 nomination slots and PNU 8.

    Passaris contested for the seat on the principles of bringing accountability and transparency to city hall, developing a city master plan, improving revenue collection, resolving the garbage collection problem and improving infrastructure. However, her bid for councillor for Nairobi was dealt a blow when, on February 22nd, 2008, her name was missing from a list gazetted by the then Local Government Minister Uhuru Kenyatta.

    In the run up to the Embakasi by-election, she was among a host of other contenders battling it out for ODM ticket nominations. Others aspirants included Julius Were, Ishrad Sumra, Lameck Siage, Prof.Tony Wambua, ODM women league leader Jane Wangui and Norman Ochieng Ogum.

    During that highly contested battle, Passaris defied all odds to capture the ODM ticket on May 11th, 2008 to run for the Embakasi Constituency by-election. And on May 26th, 2008 she was among the candidates cleared by the Electoral Commission of Kenya (ECK) to run for the Embakasi West constituency by-election which fell vacant after local MP Mugabe Were was shot dead outside his home in Nairobi a month after taking office. Other candidates included Kalembe Ndile (Tip), Republican Liberty Party candidate Mr Zachariah Momanyi. After the final vote count on June 11th, 2008, ODM’s Esther Passaris polled 27,339 against PNU’s Ferdinand Waititu who garnered 36,536 votes. Tip’s Kalembe Ndile got 843 votes.

    Nationally, the prominent women face like Martha Karua and Charity Ngilu whom majority have identified with, have taken a lukewarm position leaving the field open for Passaris to re-debut with her Nairobi bid and popularising her yet to be approved party nationwide. The country is fishing for alternative leadership, impermeable and uncompromising leadership. Nairobi is entangled in a corrupt network that is running the City Hall, with her tested leadership qualities of personally getting involved at all managerial positions and track record of fighting corruption, Passaris stands a better position in tackling the City’s problems.

    Kenyan politics is unfortunately engraved on tribal dimension and Passaris is aware of that, in her recent interview with a local publication, she called out on her Tribe, Kikuyu from feeling more superior compared to other tribes simply because they’re in power by President Uhuru. Passaris who shies away from using her Muthoni name believing it cuts her out as a Kenyan and can easily be stereotyped, believes in an all inclusive system of governance, and this has set her core vision of having a Nairobi for all where everyone will be feeling entitled, despite race and tribe. Better service delivery remains her predetermined result. Tribalism is what drags the Country behind if we can delink then, we’re on the road to cohesion and prosperity.