The decision allows the conference to proceed for now, but the dispute over the transformation of The Equitable Party into the Linda Mwananchi Movement remains unresolved.
According to People Daily, the application was filed by Emmanuel Khamala, who sought to stop the delegates’ meeting pending the hearing and determination of his case. He also wanted the High Court to suspend a ruling delivered by the Political Parties Disputes Tribunal on November 12.
Justice Janet Mulwa declined to grant the interim orders, pointing out that the application contained an error in its citation. The judge also observed that the applicant had failed to provide the tribunal ruling he was challenging, making it impossible for the court to examine the decision at that stage.
The court’s decision does not mean that all the questions surrounding the party’s rebranding have been settled. Instead, it means the applicant did not obtain the temporary orders he wanted at that stage of the proceedings.
Capital FM reported that the High Court directed the applicant to serve the application on the respondents and interested parties before the matter returns to court for further directions on November 16.
The case is expected to be mentioned virtually before Justice Wilfrida Okwany, with the court expected to give further directions on how the dispute will proceed.
At the centre of the disagreement is whether the leadership of The Equitable Party followed the required procedures when initiating the proposed change of its name, leadership structures and governing documents.
Khamala is challenging the legality of the decisions made by the party’s leadership. Among other issues, he questions whether registered members were adequately involved in the process and whether the party followed the correct procedures when organising its delegates’ conference.
He is also contesting the tribunal’s decision to allow the conference to proceed and its position on nominations conducted under the party’s new political direction.
Daily Nation, in its earlier reporting on the dispute, established that other party members had also challenged the planned conference, arguing that the party had not properly selected delegates or secured the necessary approvals for the proposed changes.
The complainants questioned the proposed amendments to the party constitution, nomination rules, symbol, colours and headquarters. The party, however, opposed the challenge, maintaining that the applicants had not properly exhausted its internal dispute-resolution procedures.
The Political Parties Disputes Tribunal had dismissed an earlier application seeking to block the conference on November 12, clearing the way for the November 13 meeting. However, it allowed the substantive complaint to proceed to a full hearing, meaning questions surrounding the process could still be examined.
This distinction is important because permission to hold the conference does not automatically amount to a final judicial endorsement of every decision made during the rebranding process.
Sifuna, who has been named as an interested party in the latest High Court proceedings, is at the centre of the political transition. The senator unveiled The Equitable Party in October after his departure from the Orange Democratic Movement, where he had served as secretary-general.
The proposed Linda Mwananchi Movement is intended to provide a political platform for his next political activities ahead of the 2027 General Election.
The latest court proceedings therefore leave the movement facing a legal question that could affect the implementation of its proposed changes. While Friday’s conference was not stopped, the High Court is yet to determine the substantive challenge.
The next significant development is expected on November 16, when the matter returns to court for further directions.
For now, Sifuna’s political plans have not been halted by the latest application, but the legal contest over the party’s transformation is far from over.
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