The High Court has dismissed a petition seeking to unlock access to the Political Parties Fund for all registered political parties, warning that such a move would expose public resources to misuse and promote the proliferation of “briefcase parties.”
Delivering his judgment in Nairobi, Justice Lawrence Mugambi upheld the current provisions of the Political Parties Act, ruling that the legal thresholds for accessing state funding are legitimate and necessary safeguards.
“The issue at hand involves public funds. The existing requirements are deliberately structured to protect taxpayer resources from abuse and ensure that only serious, competitive political entities receive funding,” said Justice Mugambi.
Under the Act, political parties must meet stringent criteria to qualify for state funding, including securing at least one elected representative and maintaining operational offices in no fewer than 24 counties.
“These conditions were enacted by Parliament to prevent the mushrooming of briefcase political parties formed solely to siphon off public funds,” the judge added.
The petition was filed by Jane Florence Njiru, Vice-Chairperson of the Ford Asili Party. Njiru had argued that the funding model was discriminatory and unconstitutional, claiming it unfairly disadvantaged smaller parties.
She challenged the Sh600,000 registration fee and the requirement to operate in 24 counties as barriers designed to eliminate weaker parties from the political arena.
She also criticized a recent audit ordered by the Registrar of Political Parties to verify compliance with these conditions, warning that non-compliance could lead to party deregistration.
“The funding structure favors large parties and disregards smaller ones that may have received substantial support through votes,” she argued, calling for a shift to a model based on total votes garnered rather than elected representation.
However, Justice Mugambi dismissed these claims, saying the petitioner had failed to demonstrate any form of discrimination. He emphasized that the law applies uniformly and does not categorize parties based on size, wealth, or popularity.
“The Act does not stratify political parties into rich or poor. It simply sets a baseline for funding eligibility that applies to all parties equally,” he said.
Justice Mugambi concluded that the existing framework is “reasonable, democratic, and aligned with principles of public accountability.”
“Political parties seeking access to public funds must show the capacity to compete and represent citizens meaningfully. There is no justification for funding dormant entities that do not meet the basic threshold of public representation,” he ruled.
