The state will now have to pay Raila Odinga-led Orange Democratic Movement party Sh4 billion debt accrued since 2011 for political parties development.
Appeals Court judges in a majority ruling on Friday, faulted the state for not paying ODM Sh4 billion accumulated from 2011 to 2016, a move that would now boost the party's financial muscle.
Justices Otieno Oduk and Daniel Musinga ruled that the Orange party deserves the share despite failing to make a follow up in subsequent financial years.
“The appellant is entitled in arrears to all monies due pursuant to Section 25(1)(a) of the Political Parties Act from the financial year subsequent the effective date of the Act i.e. arrears from the 2012/13 financial year,” the judges ruled as quoted by the Standard.
But Justice Erastus Githinji, in his minority ruling, maintained that ODM had avenues to collect the money but it failed to do so.
“It is clear from the foregoing that the appellant and its Members of National Assembly had opportunity in each of the five financial years to make recommendation or even lobby for appropriation of sufficient funds for the Political Parties Fund. The law serves the vigilant and acquiescence may amount to a waiver of statutory rights,” said Justice Githinji.
The ruling came after High Court Judge Roselyne Aburiri had quashed ODM application to have the funds availed. She argued that parliament had not been allocating the money in the said period.
“The party waited for four financial years to demand the money, yet it had known that Parliament had not been allocating the correct figures,” said Justice Aburili. “It will not be in the interest of justice or public policy for the amount to be released to the party.”
ODM chairman John Mbadi said one-third of the money will go to political parties that have supported Raila Odinga in 2013 and 2017.
This means both Ford Kenya, Amani National Congress and Wiper party will get a collective Sh1.85 billion share from the ODM party.