Court declines to order release of Ksh 5b to ODM

The High Court has declined to issue orders compelling the Registrar of Political Parties to release over 5 billion shillings to ODM, but instead directed the parties to serve the respondents and appear in court on 25 this month for further directions.

In the case, ODM claims that the respondents’ have acted unprocedurally by failing to consult, inform or give any reasons for not disbursing or distributing all the funds expected to be distributed to the political parties entitled to received funding from the fund.

In the case that was also certified as urgent, the political party further claims that because of underfunding, the party has been unable to undertake its core mandate and to utilize the funds to which it is entitled by law to achieve its objectives.

“The next General Election is barely a year away and the applicant’s ability to prepare and participate meaningfully and effectively is greatly affected by the lack of funding,” states the petition.

In an affidavit sworn by the Executive Director of the Orange Democratic Movement, Oduor Ong’wen, the court was told that the party had a legitimate expectation that it shall receive all the funds due to it from the fund and to project/forecast its activities based on its legitimate expectations.

Following the results of the last General Election held in 2013, ODM is one of the three parties that are entitled to receive proportionate funding from the Fund having met the criteria established under the Act.

ODM is entitled to receive at least 40% of the funds to be distributed to political parties from the Fund,” argues Ong’wen.

The party now wants the court to compel the Respondents to disburse the sum of 5,109,564,700.53 shillings entitled to it claiming that Since the Fund was established, ODM has not received any amount from the fund.

Jubilee Party, National Alliance Party and United Republican Party have been named as interested parties.