ODM has sued the registrar of political parties over Sh5.1 billion it claims the party is supposed to receive.
The party on Tuesday filed a suit in an attempt to push the registrar of political parties to disburse the Sh5.1 billion due to it as the country prepares for the 2017 general elections.
Under a certificate of urgency filed at the Milimani Law Court, the party said failure by the registrar to release the Sh5,109,564,700.53 will hamper its smooth preparations for the polls.
The party said the registrar's continued withholding of the funds was illegal.
Through lawyers Julie Soweto and James Orengo, the party said its capacity to prepare, participate meaningfully and effectively in campaigns has been greatly negatively affected.
"ODM has a right and is entitled under section 25 of the Political Parties Act, to receive funds from the PPF," Orengo said as quoted by the Star newspaper.
"A decision whether jointly or severally to disburse funds less than what the law stipulates is illegal, ultra vires and unconstitutional."
Orengo and Soweto argued that the registrar had released only an estimated 0.03 percent of the national revenue collected towards the fund.
They said there was no basis, lawful authority, rationale or reasonable justification as to how the registrar chose or decided to distribute only 0.03 percent or an amount less than the total amount stipulated by law.
"The failure to release the monies undermines democracy, the rule of law, and the objectives for which the fund was established," the party added as reported by the Star.