Fight over Ukombozi name lands in Political Parties Dispute Tribunal

The dispute over the use of the name Ukombozi Alliance between Wiper leader Kalonzo Musyoka and a group that reserved the name last year has landed before the Political Parties Disputes Tribunal (PPDT).

The group, which describes itself as the founding members and proponents of the proposed Ukombozi People’s Party (UPP), wants the tribunal to declare the reservation and approval of The Ukombozi Alliance (TUA) by the Registrar of Political Parties unlawful, unreasonable, procedurally unfair and irrational.

Through Allan Akivaga, a founding member of the proposed political entity, the group wants the tribunal to prohibit the Registrar from approving, gazetting or registering Ukombozi Alliance on the basis of the contested reservation.

“We also seek orders to restrain Ukombozi Alliance whether by itself, its officers, servants, agents or persons acting under its authority, from representing itself as a registered political party under the name “The Ukombozi Alliance (TUA)” unless and until its registration is lawfully completed,” the petition reads in part.

The petitioner also wants the tribunal to reconsider and lawfully determine the status of his Ukombozi People’s Party (UPP) registration file, taking into account the earlier reservation, a letter dated August 6, the revocation dated September 21 this year, and his decision to proceed with the registration process.

He is also seeking access to the relevant records and information concerning the reservation, processing and registration of Ukombozi Alliance.

According to court documents, the UPP name was reserved on March 13 last year. However, the petitioner communicated his intention to discontinue the registration process on July 9, a move he argues was never completed.

The decision to discontinue the registration process followed talks between party officials and Trans Nzoia Governor George Natembeya, who had acquired the United Democratic Party (UDP), which was affiliated with former Lugari MP Cyrus Jirongo, who is now deceased.

The two parties had agreed that once the process of discontinuing UPP’s registration was successfully completed, UDP would rebrand as the United Peoples Party.

However, on August 6, the Office of the Registrar of Political Parties (ORPP) wrote to Akivaga requiring him to submit additional documents to complete the discontinuation process.

“Upon the review of the submitted documents it is noted that the statutory documentation is incomplete for processing the aforementioned party registration discontinuation. To protect the integrity of the process and verify individual consent, you are hereby required to also attach duly signed and attested affidavit for each founding member,” the letter from the ORPP, signed by CPA Florence Birya on behalf of the Registrar, reads in part.

The petitioner maintains that, by requiring additional documents to discontinue the registration, the ORPP expressly informed him that the UPP file was incomplete because affidavits were outstanding and that the discontinuation had not taken effect.

After the ORPP declined to allow UDP to rebrand as UPP on September 8, arguing that the proposed name resembled Kalonzo’s outfit, whose name had been reserved on July 20, the petitioner wrote to the ORPP on September 20 seeking to formally revoke his proposed discontinuation.

According to the petitioner, the Registrar acted unlawfully, irrationally and unreasonably, and breached his legitimate expectations and rights under Articles 35, 38 and 47 of the Constitution and the Fair Administrative Action Act by treating the name “Ukombozi” as available for reservation in favour of Kalonzo while his earlier reservation and registration process remained unresolved.

“The Appellant further contends that the ORPP failed to give them a fair opportunity to be heard or to explain how the subsequent reservation in favour of the 2nd Respondent could lawfully coexist with the Appellant's prior reservation,” the court documents read in part.

The petitioner further claims that the ORPP failed to furnish him with information and documents concerning the reservation and processing of Ukombozi Alliance, contrary to Article 35 of the Constitution and the Access to Information Act.

“The Appellant's prior reservation constituted an existing administrative record and interest which the 1st Respondent was required to take into account before subsequently dealing with a substantially similar political identity,” the records filed at the tribunal state.

The tribunal is expected to issue directions on Monday next week.

If the tribunal grants the orders sought, the decision could deal the Opposition a major blow in its efforts to establish a coalition party ahead of next year’s General Election, particularly given the strict electoral timelines.

Beyond establishing a coalition party, the Opposition will still need to persuade political players to join the outfit and subsequently negotiate coalition agreements.