Registrar of Political Parties rejects Gen Z political party names over inclusivity issues

The Office of the Registrar of Political Parties (ORPP) has rejected an application for ten Gen Z political party names, citing a lack of inclusivity.

Simon Maina Mwangi, who applied to reserve the names including "Gen-Z Movement" and "Gen-Z Democratic Party," was informed that these names do not meet the constitutional requirements.

Other names included, Gen-Z National Movement, Gen-Z Alliance Movement, Gen-Z Democratic Movement, Gen-Z People's Alliance, Gen-Z United Movement, Gen-Z People's Movement, Gen-Z Political Party and Gen-Z Alliance Party.

In a statement, Registrar Ann Nderitu cited that the application breaches Article 91 (1) (a) (e) of the Constitution and therefore cannot be approved.

The provision requires political parties to have a national character and respect the rights of all persons to participate in the political process, including minorities and marginalised groups.

"Every political party shall have a national character as prescribed by an Act of Parliament; have a democratically elected governing body; promote and uphold national unity; abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party; respect the right of all persons to participate in the political process, including minorities and marginalised groups," reads Chapter 91 of the Constitution.

It adds that it shall respect and promote human rights and fundamental freedoms, and gender equality and equity; promote the objects and principles of this Constitution and the rule of law; and subscribe to and observe the code of conduct for political parties.

Petition filed

In response to the rejection, a city lawyer, James Ogega filed a petition with the Political Parties Dispute Tribunal, seeking to compel the Registrar to approve the name "The Gen Z Party" as an official political entity.

He said he made the application after the Registrar of Political Parties rejected his request to reserve and register the name, as stipulated by Section 4B of the Political Parties Act, despite having paid the requisite fees.

"The learned Registrar misdirected herself by not providing the appellant with her interpretation of the name 'The Gen-Z Party' before she refused to reserve the name. She only states that the name does not promote inclusivity. The name could be given a plethora of interpretations including but not limited to Generation Zote, Generation Zion, General Zod, Gender Z, General Zeus, amongst others," he argued.

He, however, notes that days later, he got a call from the Office of the Registrar where he was informed that his application for registration was rejected for lack of inclusivity.

"Three weeks after (making the application), the appellant received a call on July 16, 2024, by an officer of the Respondent that there was a letter from the Registrar of Political Parties for his collection," reads the court documents.

According to Ogenga, the decision of the registrar is unconstitutional.

"The Decision of the Registrar of Political Parties goes against the principles enshrined in the constitution, in particular Articles 10, 20(2), 31(3), 27(4), 28, 36, 38 and 232," lawyer Ogenga states in court documents," he said.

He also seeks to know why the Registrar only stated that the name does not promote inclusivity, adding that the rejection of the name is thus premature, discriminatory and a violation of the political rights of the appellant.

"At the same time, the Registrar of Political Party erred in concluding that the name Gen- does not promote inclusivity being that there are steps to be complied with in accordance to Sections 5, 6 and 7 of the Political Parties Act before the full Registration of a Political Party," he said.