ODM Has Won Ksh1.2 Billion Case Against the Government After High Court Ruling
On Tuesday, May 21, the High Court in Nairobi invalidated the government’s proposal to lower political party budget allocations by Ksh800 million.
In a verdict presided over by Justice Chacha Mwita, the court backed the Orange Democratic Movement (ODM) party’s demand that the government reinstate the initial allocation of Ksh1.2 billion.
The court ruled that the government’s removal of Ksh800 million from the Political Parties Fund in its 2023 supplementary budget violated the law.
Chacha stated in his verdict that it is the National Assembly’s legal responsibility to distribute funds to political parties equal to at least 0.3% of the government’s revenue.
According to the court, the sum allotted to political parties under the Appropriations Act cannot be reduced by the Supplementary Appropriation Act.
“A declaration is hereby issued that the reduction of the money allocated to the Political Parties fund is contrary to articles 1(1), 2, 3, 10, and 38 of the Constitution as read in section 24(1)(a) of the Political Parties Act,” read part of the ruling.
“An order of Certiorari is hereby issued quashing and or nullifying vote No. R1311 in the Second Schedule to the Supplementary Appropriation Act, (No.3) of 2023 published in the Kenya Gazette on 24th November 2023,” the court further ruled.
ODM Secretary General Edwin Sifuna hailed the court’s decision as a significant victory for political parties as democratic institutions.
Last year, ODM filed a petition in the High Court accusing the government of lowering political party budgets by Ksh800 million.
ODM alleged, through its lawyer, Jackton Owele, that the government violated its legitimate legal expectations by denying parties the Ksh1.2 billion in money required to adequately carry out their mission.
“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,” ODM noted.
“The foregoing is in utter violation of political parties’ legitimate expectations and limitation of their rights under the Political Parties Act and the Constitution of Kenya.”
ODM Has Won Ksh1.2 Billion Case Against the Government After High Court Ruling
