Nairobi Kenya — The High Court has declared the reduction of money allocated for the Political Parties Fund under a 2023 supplementary budget illegal.
Justice Chacha Mwita on Friday ruled the reduction is contrary to the Constitution and against Section 24(1) (a) of the Political Parties Act.
Section 24(1) states that the sources of the Fund are;- (a) such funds not being less than zero point three per cent of the revenue collected by the national government as may be provided by Parliament.
"Similarly the amount allocated to Political Parties Fund through the Appropriations Act is ring-fenced by Section 24(1) of Political Parties and therefore cannot be reduced through Supplementary Appropriations Act. In other words, the National Assembly cannot act contrary to its laws," the judge declared.
The Court also nullified the vote in the Second Schedule of the Supplementary of the Appropriation Act of 2023 published in the Kenya Gazette on November 24, 2023.
"Costs being discretionary, each party will bear their own costs," Justice Mwita directed.
ODM party had in November 2023 condemned the move to reduce the Political Parties Fund in the 2023/2024 Supplementary budget terming it unlawful.
No consultations
Raila Odinga-led party called on the Registrar of Political Parties to intervene saying the move will cripple the activities of political parties.
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"We wish to draw your attention to the continuous breach of Section 24(1) of the Political Parties Act, 2011 by both the National Treasury and National Assembly. The situation has [been] exacerbated by the recent blatant reduction set out in Supplementary Estimates 1 of FY 2023/2024 by a total of Sh867,000,000," ODM Secretary General Edwin Sifuna said in a letter addressed to Registrar of Parties.
"We note with concern that with the reduction of the Fund, political parties [will be] immensely deprived of the resources to fund programs and activities contained in their work plans for the 2nd, 3rd, and 4th quarters."
Sifuna said the move is a violation of political parties' expectations limiting their rights under the Political Parties Act and the Constitution of Kenya
He added that the reduction of the fund will interfere with the responsibilities of the ORPP.
ODM insisted that such decisions could not stand without consultations with political parties.
