High Court Declines to Stop Equitable Party’s National Delegates Conference Amid Legal Dispute
The planned National Delegates Conference of The Equitable Party, associated with Nairobi Senator Edwin Sifuna’s Linda Mwananchi Movement, is set to proceed after the Political Parties Disputes Tribunal declined to issue orders stopping the meeting.
The decision marks an important development in the party’s efforts to formalise its proposed transformation into the Linda Mwananchi Movement ahead of the 2027 General Election. However, the legal battle surrounding the conference is far from over, with questions remaining about the selection of delegates, the party’s internal leadership structures and the procedures followed in approving major organisational changes.
The conference is scheduled for Friday, November 13, 2026. It is expected to consider the proposed change of the party’s name, amendments to its constitution and other decisions intended to shape its political direction.
The ruling allows the party to continue with its preparations, but it does not amount to a final judicial endorsement of every decision made by its leadership. The substantive complaints challenging the legality of the conference arrangements are still subject to further proceedings.
Legal challenge over the conference
The dispute emerged after party members moved to the Political Parties Disputes Tribunal seeking orders to suspend the planned National Delegates Conference.
Two members, Paul Kiragu Gachoka and Pamela Achieng Simwata, challenged the manner in which the party had organised the meeting. They argued that the leadership had failed to follow the party constitution when preparing the conference agenda, selecting delegates and proposing changes to the party’s governing documents.
Through their lawyer, Eddy Otieno, the complainants questioned whether the National Governing Council had approved the agenda items scheduled for discussion. They maintained that the party constitution requires such approval before matters can be considered at an ordinary National Delegates Conference.
They also raised concerns about the establishment of the party’s internal structures, including the National Elections Board, which is expected to play an important role in overseeing elections and nominations.
The complainants warned that allowing the conference to proceed before resolving these questions could create complications if the tribunal later determined that the meeting had been improperly convened.
They therefore wanted the tribunal to stop the conference until the legality of the preparations had been established.
However, the party opposed the application, arguing that the complainants had not demonstrated sufficient grounds to justify stopping the meeting. Its lawyer, Duncan Anzala, accused them of attempting to frustrate the party’s preparations ahead of the next general election.
The party also questioned the complainants’ membership history, saying they had joined in October 2026 and raised objections shortly afterwards.
The Office of the Registrar of Political Parties told the tribunal that it had received the objections, forwarded them to the party and reviewed its response. The Registrar indicated that it would assess the conference returns before determining the next steps in the proposed registration changes.
After considering the competing arguments, the tribunal declined to suspend the November 13 conference. However, it directed that the substantive complaint proceed to a full hearing, meaning decisions made during the meeting could still face legal scrutiny.
A separate complaint raises questions about grassroots elections
The dispute became more complicated after another party member, Emmanuel Willyngtone Khamala, filed a separate complaint seeking to stop the conference.
Khamala argued that the party had failed to conduct grassroots elections needed to establish legitimate branch and county structures. According to his complaint, the absence of properly elected officials raises questions about how delegates were selected and whether the conference can meet the required quorum.
He also accused the party leadership of making important decisions without adequately involving registered members.
One of his concerns relates to the unveiling of individuals expected to occupy leadership positions within the proposed Linda Mwananchi Movement. He argued that members had not been given an opportunity to participate in the selection, vetting or approval of those leaders.
Khamala further questioned the proposed changes to the party’s name, colours, symbol and headquarters. He maintained that such significant amendments must follow the procedures and voting thresholds provided for in the party constitution.
He said he had previously written to the party leadership seeking explanations and requesting that the conference be postponed, but his concerns had not been adequately addressed.
The complaint places the principle of internal party democracy at the centre of the dispute. It raises a broader question about whether registered political party members are being given meaningful opportunities to participate in decisions affecting their organisation.
Sifuna’s political vehicle ahead of 2027
The developments come as Edwin Sifuna continues positioning The Equitable Party as the political vehicle for the Linda Mwananchi Movement.
Sifuna unveiled The Equitable Party on October 4, 2026, following his political fallout with the Orange Democratic Movement, where he previously served as secretary-general.
Four days later, the party’s National Executive Committee approved a proposal to change its name to the Linda Mwananchi Movement.
The proposed rebranding is intended to give the political movement a distinct identity as it prepares for the 2027 General Election.
Sifuna has increasingly become a prominent figure in Kenya’s opposition politics, particularly through his association with the Linda Mwananchi movement, which has attracted attention from supporters and other political leaders.
The party’s transformation is therefore more than an administrative exercise. It represents an attempt to establish an organised political platform through which Sifuna and his allies can pursue their political ambitions.
The National Delegates Conference is expected to play a central role in that process by considering the proposed name change, constitutional amendments, nomination and election rules, and possible coalition arrangements ahead of the next election.
The outcome could influence how the movement structures its national leadership, mobilises supporters and prepares to participate in the country’s political contest.
Why the delegates conference matters
A National Delegates Conference is an important decision-making forum within a political party. It provides an opportunity for authorised delegates to deliberate on organisational matters, approve constitutional changes and make decisions affecting the party’s future.
For The Equitable Party, the meeting is particularly significant because it is expected to formalise the proposed transition into the Linda Mwananchi Movement.
However, the legality of such a conference depends on whether it has been convened in accordance with the party constitution and the relevant provisions of Kenya’s political parties laws.
Questions about the selection of delegates are therefore important. If delegates are not selected through the required procedures, the legitimacy of decisions made during the meeting could be challenged.
The complainants have argued that the party should first establish the necessary grassroots structures and demonstrate that the delegates attending the meeting have been properly constituted.
The party, on the other hand, has defended its arrangements and maintained that it is following the applicable provisions of its constitution.
The disagreement illustrates the challenges political parties can face when attempting to reorganise their leadership and structures, particularly when they are preparing for major electoral contests.
The tribunal’s decision does not end the legal battle
Although the tribunal declined to stop the conference, the decision should not be interpreted as a final determination that every aspect of the party’s rebranding process is lawful.
The substantive complaint remains pending, and the tribunal has indicated that the issues raised will proceed to a full hearing.
This means that resolutions adopted during the conference could still be affected by the eventual outcome of the legal proceedings.
The dispute also demonstrates the importance of internal dispute resolution mechanisms within political parties. Members who believe that their rights have been violated can raise concerns through the party’s established procedures and, where appropriate, seek intervention from the relevant legal institutions.
The Office of the Registrar of Political Parties also has an important role in overseeing compliance with registration requirements and the legal procedures governing political parties.
Its assessment of the conference returns and proposed amendments will therefore be significant in determining the next steps in the party’s transition.
Political implications ahead of the 2027 General Election
The developments surrounding Sifuna’s party come at a time when political formations are increasingly positioning themselves ahead of the 2027 General Election.
Political leaders are seeking to establish alliances, strengthen their support bases and organise parties that can compete effectively across the country.
For Sifuna, the Linda Mwananchi Movement presents an opportunity to build a political platform outside his previous party structures.
However, the ongoing legal disputes could complicate those ambitions if questions about leadership legitimacy and internal democracy remain unresolved.
A political party seeking national support must demonstrate that its own internal operations are transparent, inclusive and consistent with the law.
The controversy also highlights the importance of allowing party members to participate in decisions that affect their political organisations. Internal disagreements can weaken a party’s public image, particularly when they emerge during preparations for a major election.
The tribunal’s decision has therefore given the movement an opportunity to proceed with its planned conference, but the leadership must still address the legal questions surrounding its organisational changes.
Ultimately, the dispute will be determined not only by the conference resolutions but also by whether the party can demonstrate that it followed its constitution and the law.
As the Linda Mwananchi Movement prepares for the next phase of its political journey, attention will remain on the conference and the tribunal proceedings that follow. The outcome could have important consequences for Sifuna’s political plans and the movement’s ability to establish itself as a credible force ahead of the 2027 General Election.
