By Bonface Mulyungi
Jubilee Party has moved to the High Court seeking urgent intervention over what it terms the government’s continued failure to allocate and disburse money to the Political Parties Fund as required by law.
In a petition filed under a certificate of urgency at the High Court in Nairobi, Jubilee has named the National Assembly, the Cabinet Secretary for the National Treasury, the Registrar of Political Parties and the Attorney General as respondents.
The party argues the respondents have violated Sections 24 and 25 of the Political Parties Act, 2011, by allegedly failing to allocate, appropriate and disburse not less than 0.3 per cent of revenue collected by the national government to the Political Parties Fund.
According to the petition, Jubilee says the obligation is mandatory and continuing, and cites a 2019 Court of Appeal decision in Orange Democratic Movement (ODM) v National Treasury & 3 Others, which it says affirmed that qualifying parties are entitled to all monies due under the statutory formula, including arrears dating back to the 2012/2013 financial year.
Jubilee contends that despite the appellate court ruling, the National Assembly and the Treasury have allegedly continued to allocate amounts below the legal threshold.
The party told the court the matter has become urgent in light of ongoing political realignments and coalition talks involving ODM and UDA, arguing that any fresh allocations or disbursements below the statutory minimum would undermine the law and prejudice qualifying parties.
In an affidavit sworn by Jubilee treasurer Dick Kagwe Gichoho, the party says it qualifies for funding under the Act and is entitled to equal application of the law as interpreted by the Court of Appeal.
Jubilee is seeking conservatory orders to temporarily stop the respondents from proceeding with any allocation, appropriation or disbursement to the Political Parties Fund pending the hearing and determination of the application and petition.
It argues that without urgent court intervention, the petition will be rendered nugatory and Jubilee, together with other qualifying political parties, will continue to suffer prejudice.
