The High Court has ruled that the reduction of Sh867 million allocated to the Political Parties Fund on November 24, 2024, was unconstitutional.
Justice E.C Mwita said the reduction was contrary to articles 1(1), 2, 3, 10 and 38 of the Constitution as read with section 24(1)(a) of the Political Parties Act.
“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 vide Kenya Gazette Supplement No. 229 (Acts No. 17),” he ruled.
Following the ruling on May 21, 2024, ODM termed the verdict as a big win for political parties.
“The High Court has this afternoon upheld the position that it was illegal for the Kenya Kwanza regime to cut Sh800m from the Political Parties Fund through the Supplementary One budget in September 2023. This is a big win for political parties as institutions of democracy,” the party said on X.
On November 23, 2023, the President assented to the Supplementary Appropriation (No. 3) Act, 2023 (the Act) which was to commence on 24th November.
The Act affected among others, the funds that had been appropriated to the Political Parties Fund (the Fund) which was reduced by Sh812, 303, 858.
ODM filed a petition on December 4, 2023, arguing that the Act adversely varied, modified and/or altered mandatory statutory financial allocations to the Fund to its detriment and that of other qualifying political parties.
The party argued that the National Assembly and the CS Treasury had no mandate in law to vary the amount appropriated in the Appropriations Act, 2023 (of June 26 2023) through a Supplementary Appropriations Act or to reduce the minimum allocation to the Fund as required by section 24(1(a) the Political Parties Act (the PPA).
ODM argued that in reducing the allocation, the legitimate expectation that the full allocation of funds would be made available to qualifying political parties to facilitate the discharge of their civic duties was violated.
The party asserted that the reduction of allocation to the Fund violates and threatens to violate articles 1(1), 2, 3, 4, 10(2), and 38 of the Constitution.
ODM further asserted that Article 223 of the Constitution was only intended to authorise the national government to spend money not appropriated but not to vary or re-allocate already appropriated funds.
The speaker of the National Assembly, the National Treasury Cabinet Secretary and the Attorney General were the respondents in the case.
The constitution requires that at least 0.3 per cent of the national revenues be allocated to help parties grow as public institutions.
Political parties that qualify for state funding suffered a Sh867 million budget cut in the 2023-24 financial year.
In a Gazette notice by the Registrar of Political Parties Ann Nderitu, political parties stood to share Sh608 million.
Initially, the fund was allocated Sh1.4 billion.