Jubilee Party has moved to the High Court seeking urgent intervention over the government’s alleged failure to fully fund the Political Parties Fund in line with statutory requirements.
In a petition filed under certificate of urgency in Nairobi, the party has sued the National Assembly, the Cabinet Secretary for the National Treasury, the Registrar of Political Parties and the Attorney General. It contends that the respondents have breached Sections 24 and 25 of the Political Parties Act, 2011 by failing to allocate and disburse at least 0.3 per cent of national revenue to the fund.
Jubilee relies on the 2019 Court of Appeal decision in Orange Democratic Movement (ODM) v National Treasury & 3 Others, which affirmed that political party funding under the statutory formula is mandatory and continuous, including arrears dating back to earlier financial years.
Despite that precedent, the party says allocations have remained below the legal threshold, even after the appellate ruling.
It further argues that the issue is urgent given ongoing coalition negotiations and political realignments involving ODM and UDA, warning that any disbursement below the statutory minimum would undermine compliance with the law.
In an affidavit sworn by treasurer Dick Kagwe Gichoho, Jubilee states it is a qualifying beneficiary under the Act and is entitled to equal application of the funding framework as interpreted by the courts. The party is seeking conservatory orders to halt any allocation, appropriation or disbursement from the Political Parties Fund that falls below the legal requirement pending determination of the case.
It argues that without court intervention, the petition risks being rendered ineffective while continued underfunding persists.
In the Certificate of Urgency filed on May 22, 2026 before the Constitutional and Human Rights Division, the party says the failure to meet the 0.3 per cent threshold under the Political Parties Act is ongoing.
The document, signed by advocate Tom Maina Macharia of Mbugwa Atudo & Macharia Advocates, states that the alleged breach is “continuous and ongoing” and contrary to statutory obligations.
It also invokes several constitutional provisions, including Articles 2, 10, 20, 22, 23, 27, 35, 47, 50, 165, 258 and 259, alongside political rights under Articles 38 and 91.
Jubilee argues that the Court of Appeal has already clarified that the funding framework is binding, and that qualifying parties are entitled to the full statutory allocation.
The party maintains that continued shortfalls persist despite that interpretation.
It seeks urgent conservatory orders restraining any disbursement below the statutory minimum until the matter is heard and determined.
“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.
