A High Court attempt to overturn the registration of former Deputy President Rigathi Gachagua’s Democracy for Citizens Party (DCP) has failed after the court ruled that it could not hear the matter.
Instead, it held that disputes arising from decisions made by the Registrar of Political Parties must first be taken to the Political Parties Disputes Tribunal, shutting the door on the petition at this stage.
Justice Roselyne Aburili dismissed the case without considering the claims raised by the petitioners, saying the law clearly sets out where such disputes should begin. The judge said the High Court could only be approached after the available legal process before the tribunal had been exhausted.
“The petitioners ought to have pursued their remedies in the Political Parties Tribunal before approaching this court,” said Justice Aburili.
The petition had been filed in December 2025 by Francis Awino and Charles Mc’Olonde, who wanted the court to nullify DCP’s full registration granted on February 3, 2025. They argued that the party was issued with full registration only three days after receiving provisional registration, raising questions over whether all legal requirements had been met.
The two petitioners accused former Registrar of Political Parties Anne Nderitu, who now serves as a commissioner at the Independent Electoral and Boundaries Commission (IEBC), of approving the party's registration without carrying out the checks required by law.
According to the petition, Anne Nderitu“used short-cuts and fast tracked the registration”of DCP without confirming that the party had established offices in the required 24 counties. They also claimed there was no physical inspection of the offices, no proper verification of the party’s membership register, no confirmation of its governing organs and no proof that it had met the requirement of national representation.
The petitioners asked the court to declare the party’s registration illegal, cancel its registration certificate and order the Registrar of Political Parties to begin the process of deregistering DCP.
They also sought orders barring the party from sponsoring candidates in any election until it is properly registered. In addition, they wanted the IEBC directed to invalidate any elective positions that may have been won through the party.
The petition further questioned Anne Nderitu’s suitability to continue serving as an IEBC commissioner, arguing that her actions while serving as Registrar violated constitutional principles on leadership, integrity, accountability and fair administrative action.
The petitioners also wanted the Registrar of Political Parties compelled to produce documents linked to DCP’s provisional and full registration, including membership registers, inspection reports, committee minutes and internal correspondence relating to the registration process.
However, the court found that it could not determine the claims because the dispute had not first been presented before the Political Parties Disputes Tribunal. The petition was therefore struck out, leaving any challenge to DCP’s registration to be pursued through the tribunal.