NAIROBI, Kenya — Jubilee Party has moved to the High Court seeking urgent orders against the government over alleged failure to fully fund the Political Parties Fund in line with statutory requirements.
In a petition filed under certificate of urgency before the Constitutional and Human Rights Division in Nairobi, the party accuses the National Assembly, the National Treasury, the Registrar of Political Parties, and the Attorney General of violating provisions of the Political Parties Act, 2011.
Jubilee Challenges Funding Shortfall
The party argues that the respondents have failed to allocate and disburse at least 0.3pc of national revenue to the Political Parties Fund as required under Sections 24 and 25 of the Political Parties Act.
Jubilee says the continued shortfall violates both statutory obligations and a binding Court of Appeal precedent.
The party relies on the 2019 Court of Appeal decision in Orange Democratic Movement (ODM) v National Treasury & 3 Others, which held that political party funding under the statutory formula is mandatory and continuous, including arrears from previous financial years.
According to Jubilee, allocations have remained below the legal threshold despite the appellate court ruling.
Coalition Talks Raise Urgency
The party argues that the matter has become urgent due to ongoing political realignments and coalition discussions involving the Orange Democratic Movement (ODM) and the United Democratic Alliance (UDA).
Jubilee warns that any further disbursement below the statutory minimum would entrench continued non-compliance with the law and disadvantage qualifying political parties.
In an affidavit sworn by the party’s treasurer, Dick Kagwe Gichoho, Jubilee states that it qualifies as a beneficiary under the funding framework and is entitled to equal treatment under the law.
The party is seeking conservatory orders restraining any allocation, appropriation, or disbursement from the Political Parties Fund below the statutory minimum pending hearing and determination of the petition.
Constitutional Violations Alleged
The petition invokes multiple constitutional provisions, including Articles 2, 10, 20, 22, 23, 27, 35, 47, 50, 165, 258, and 259.
It also cites political rights protections under Articles 38 and 91 of the Constitution.
Jubilee argues that the continued underfunding undermines constitutional democracy, political participation, and fair competition among political parties.
“The alleged breach is continuous and ongoing,” the certificate of urgency states, adding that failure to grant interim orders would render the petition nugatory.
The court documents were filed on May 22, 2026, by advocate Tom Maina Macharia of Mbugwa Atudo & Macharia Advocates.
Push for Enforcement of Court Ruling
The party maintains that the Court of Appeal already clarified the interpretation of the funding formula and that the government remains legally bound to comply with the 0.3pc threshold.
Jubilee says the dispute is no longer about the interpretation of the law but the enforcement of an existing judicial determination.
“Unless this Honourable Court urgently intervenes and grants interim conservatory relief, the Petition will be rendered nugatory and the Petitioner will continue to suffer substantial prejudice,” the certificate states.
The matter is expected to be placed before the High Court for directions and possible interim orders.
