Sifuna's party gets green light for NDC as tribunal defers legal battle

The Equitable Party is set to make key decisions on its political future behind closed doors after the Political Parties Disputes Tribunal rejected an attempt to block its National Delegates Conference, clearing the way for Nairobi Senator Edwin Sifuna's proposed rebranding of the outfit.

The party will hold its delegates' meeting today (Friday) without media access, with its leadership opting to keep the proceedings private despite the significance of the resolutions expected to be considered.

Pauline Njoroge, the interim head of communications at the party's presidential campaign secretariat, announced that journalists would not be allowed into the meeting.

"Kindly note that tomorrow's NDC will be a closed-door meeting, with no media coverage," Njoroge said in a short statement.

The party has not revealed where the conference will take place or which leaders have been invited to attend.

The decision to exclude the media makes the gathering different from similar national delegates' conferences held by other political outfits, which have often been open to journalists and television cameras.

The tribunal's decision followed a complaint by party members Paul Kiragu Gachoka and Pamela Achieng Simwata, who wanted the meeting stopped over alleged breaches of the party constitution.

They argued that The Equitable Party had not established a properly constituted electoral college to determine who qualified to participate as delegates, making the planned conference unconstitutional.

Although the tribunal declined to halt the meeting, it directed that the main dispute be heard in full. This leaves room for the complainants to challenge the validity of resolutions reached during the conference once their case is determined.

The two members had also questioned the process used to prepare the meeting's agenda, appoint delegates and initiate amendments to the party's governing documents.

Their case was prompted by an October 23 public notice announcing the NDC and outlining proposals to change the party's name, symbol, headquarters and official colours.

Sifuna launched The Equitable Party on October 4 after his fallout with the Orange Democratic Movement (ODM), where he previously served as secretary-general.

The party's National Executive Committee subsequently approved a proposal on October 8 to change its name to Linda Mwananchi Movement, a move that is expected to be among the key issues at the delegates' meeting.

Other matters listed for consideration include amendments to the party constitution, revisions to nomination and election regulations, as well as possible coalition agreements ahead of the 2027 General Election.

However, Gachoka and Simwata argued that the proposed agenda had not been sanctioned by the National Governing Council, which they said was a requirement under the party's constitution.

Representing the complainants, lawyer Eddy Otieno told the tribunal that an ordinary National Delegates Conference could only deliberate on matters that had been approved by the council.

He further questioned whether the party had established a National Elections Board and put in place the necessary structures for selecting and confirming delegates to the conference.

Otieno asked the tribunal to intervene before the meeting took place, arguing that the party could make far-reaching decisions before the legality of the process was established.

The party, however, dismissed the application, maintaining that the two complainants had failed to use its internal dispute-resolution channels before moving to the tribunal.

Through its lawyer, Duncan Anzala, the party also questioned their membership, arguing that they had not demonstrated that they were genuine members when they lodged their objections.

Anzala told the tribunal that Gachoka and Simwata had only joined the party on October 22 and raised concerns about the proposed name change a day later.

He added that the party had invited them to a meeting to discuss their grievances, but they failed to turn up.

The Office of the Registrar of Political Parties informed the tribunal that it had received the complaints and forwarded them to the party for consideration.

The regulator said it examined the response submitted by the party and found that the objections had been addressed in line with the outfit's constitution.

Meanwhile, a separate petition filed by James Onyango Nyangor had challenged the proposed conduct of elections during the NDC.

In response, the party assured the tribunal that no elections would be conducted at the conference.

The ruling now allows the party to convene its delegates and deliberate on the proposed changes, even as the broader dispute over whether it complied with its internal rules remains before the tribunal.