A new youth political movement in Kenya is facing a significant challenge after the Registrar of Political Parties, Anne Nderitu, refused to register their chosen name, "The Gen Z Party."
This decision has sparked a legal battle that highlights the broader issues of inclusivity and political rights in the country.
James Ogega, a leading figure in the youth movement, filed a petition with the Political Parties Dispute Tribunal.
He is demanding that the Registrar recognize "The Gen Z Party" as an official political entity.
According to Ogega, his application was turned down despite meeting all the requirements set out in Section 4B of the Political Parties Act and paying the necessary fees.
Court documents reveal that on July 16, 2024, Ogega received a call from the Registrar's office. He was informed that a letter dated July 11, 2024, was ready for collection.
The letter stated that the name "The Gen Z Party" was rejected on grounds that it did not promote inclusivity as required by Article 91(1)(a)(e) of the Constitution.
Ogega contends that the Registrar's decision goes against several constitutional principles, including Articles 10, 20(2), 31(3), 27(4), 28, 36, 38, and 232.
He argues that the Registrar failed to provide a clear interpretation of why "The Gen Z Party" does not promote inclusivity. Instead, the Registrar only stated that the name did not meet inclusivity requirements without any detailed explanation.
"The name 'Gen Z Party' can have multiple interpretations, such as Generation Zote, Generation Zion, General Zod, Gender Z, or General Zeus," Ogega argued, emphasizing the ambiguity of the Registrar's reasoning.
He further pointed out that the decision was made without reviewing the proposed party's list of members, which is crucial for assessing inclusivity.
"The decision was made before the Registrar saw the list of members and the regions covered by the political party. This step is necessary to conclude whether the name promotes inclusivity or not," Ogega stated.
Ogega claims that the rejection of the party name was premature and discriminatory, thus violating his political rights.
He highlighted that Section 8 of the Political Parties Act lists prohibited names, and "The Gen Z Party" does not fall under any of these categories.
Furthermore, Ogega noted that the Registrar's office took 21 days to respond to his application, exceeding the 14-day limit stipulated by Section 4B(3) of the Political Parties Act.
"The 14 days had lapsed, making the notification time-barred. I expected a letter indicating the name was reserved," he asserted. Ogega also cited Article 38(1) of the Constitution, which grants every citizen the right to form a political party.
He is seeking the Tribunal's intervention to declare the Registrar's decision discriminatory and unconstitutional.
He has requested the Tribunal to quash the decision made in the letter dated July 11, 2024, and direct the Registrar to reserve the name "The Gen Z Party" as of June 24, 2024. Alternatively, he seeks an order confirming the name's reservation for the same date.
This legal battle comes at a time when the youth movement, which started in June, is gaining momentum.
The youths involved have maintained a leaderless stance and have rejected calls to join existing political parties. Their movement is characterized by a desire for change and a push against the traditional political structure.
The outcome of this case could have significant implications for the political landscape in Kenya.
If the Tribunal rules in favor of Ogega, it could pave the way for the registration of new and unconventional political parties, thereby increasing political diversity and representation.
On the other hand, if the Tribunal upholds the Registrar's decision, it could set a precedent for the rejection of other new political parties based on similar grounds.
The case has attracted considerable public attention, with many young people rallying behind Ogega and "The Gen Z Party." They see this legal battle as a fight for their political rights and a chance to bring fresh perspectives into the political arena.
However, there are also voices within the political establishment who support the Registrar's decision, arguing that inclusivity is a crucial criterion that must be met by any new political party.
The Tribunal's decision will be eagerly awaited by both supporters and opponents of "The Gen Z Party." For now, Ogega and his supporters remain hopeful that their petition will succeed and that their party will be recognized as an official political entity.
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