NAIROBI, Kenya – The High Court has upheld the funding criteria outlined in the Political Parties Act, 2011, ruling that only parties with elected representatives and physical offices in at least 24 counties qualify for funding from the Political Parties Fund.
Justice Lawrence Mugambi dismissed a petition filed by Ford Asili, which had sought to compel the government to allocate public funds to all registered political parties, regardless of their size, electoral success, or nationwide presence.
In his ruling, Justice Mugambi found that Parliament acted within its constitutional mandate in enacting the law and that the funding requirements are neither unconstitutional nor discriminatory.
“Those that seek to benefit from public coffers must demonstrate the capacity to compete and represent the electorate; otherwise, there would be no point in funding moribund political entities just because they have participated in elections and got some votes,” he ruled.
The judge further said the funding conditions—such as having at least one elected representative and maintaining physical offices in a majority of counties—apply uniformly and serve a legitimate public interest.
“All that the Act does is to prescribe minimum conditions for funding, which apply uniformly. The petitioner has not shown how her party has been unfairly targeted or treated unequally,” he said.
Ford Asili Party’s vice-chairperson, Jane Florence Njiru, had argued that the legal requirements were prohibitive for smaller parties.
She cited the Sh600,000 registration fee and the obligation to maintain offices in at least 24 counties as barriers that unfairly favour larger, better-funded parties.
Njiru also challenged the funding model’s reliance on elected seats rather than the total number of votes received, arguing that this disadvantaged parties that had significant voter support but failed to win any seats.
However, Justice Mugambi dismissed those concerns, stressing that the law was meant to curb the rise of so-called ‘briefcase’ parties—entities formed purely to access public funds without meaningful public engagement or representation.
Section 7(2) of the Political Parties Act disqualifies any party from receiving public funds if it lacks elected representation in Parliament or county assemblies.
The law also requires political parties to meet standards on gender balance, ethnic diversity, and to recruit at least 1,000 registered voters in more than half of Kenya’s 47 counties.
