Jubilee Demands Court Freeze All Party Funding Disbursements Amid ODM-UDA Coalition Talks

The Jubilee Party has gone to the High Court, asking for urgent orders over what it calls the government’s ongoing failure to allocate and disburse money to the Political Parties Fund as the law requires.

In a petition filed in Nairobi under a certificate of urgency, Jubilee listed the National Assembly, the Cabinet Secretary for the National Treasury, the Registrar of Political Parties, and the Attorney General as respondents.

The party claims the respondents violated Sections 24 and 25 of the Political Parties Act, 2011, by allegedly not allocating, appropriating, and disbursing at least 0.3% of the national government’s revenue to the Political Parties Fund.

Jubilee argues that the duty remains mandatory and continuing, and it cites a 2019 Court of Appeal ruling in Orange Democratic Movement (ODM) v National Treasury & 3 Others. The former ruling party says that decision confirmed that qualifying parties should receive all amounts due under the statutory formula, including arrears going back to the 2012/2013 financial year.

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Jubilee argues that the National Assembly and the Treasury still allocate amounts below the legal threshold, completely ignoring the Court of Appeal’s ruling.

The party warned the court that the situation is now critical due to ongoing political realignments and coalition talks between ODM and UDA. They argue that any new underfunded allocations or disbursements will break the law and unfairly harm qualifying parties.

In an affidavit, Jubilee treasurer Dick Kagwe Gichoho states that the party qualifies for funding under the Act and deserves the equal protection of the law as the Court of Appeal defined it.

Jubilee wants emergency court orders to temporarily freeze all allocations, appropriations, or disbursements to the Political Parties Fund until the court hears and decides on their petition.

Finally, the party warns that without immediate court intervention, their lawsuit will become pointless, and Jubilee, along with other eligible parties, will keep losing out on vital funds.

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