Nairobi Senator Edwin Sifuna has asked the High Court to dismiss a petition filed by Alan Masakhalia seeking details of funds collected through a paybill launched for the Linda Mwananchi campaign. Mr Sifuna argues that the court lacks jurisdiction to determine the matter, citing the Dispute Resolution Mechanisms under section 21 of the Election Campaign Financing Act. He claims that the petition is an attempt to circumvent these mechanisms.
The petition, filed in September, sought court orders to compel Mr Sifuna and the Linda Mwananchi outfit to provide a full account of all contributions received through Paybill number 3033049 and other fundraising channels. Mr Masakhalia, who contributed Sh55 to the campaign, wants clarity on the legal obligations attached to funds raised from the public for a stated political purpose. He also seeks to determine the legal remedies available if the project is abandoned or altered.
Mr Sifuna unveiled the paybill number on July 21, 2026, inviting Kenyans to make financial contributions to support the Linda Mwananchi movement. According to the Election Campaign Financing Act, any person may lodge a complaint with the Independent Electoral and Boundaries Commission (IEBC) alleging breach of the Act. The Act outlines measures that the IEBC may take, including issuing a formal warning, imposing a fine, or disqualifying the errant candidate or party.
Mr Masakhalia argues that citizens who contributed to the campaign have enforceable constitutional and statutory interests in the preservation, accounting, and lawful use of the funds and political project. He wants the court to determine whether Mr Sifuna can lawfully collect money from the public for a presidential bid and later abandon the quest or endorse another candidate. This, he claims, would create a serious question about the use of funds.
Mr Sifuna contends that the petition is devoid of merit and ought to be struck out with costs, as it disregards the mandatory dispute resolution framework. He argues that the issues raised can be resolved through other channels, as enshrined in the Election Campaign Financing Act. The Act provides a framework for resolving disputes related to election campaign financing.
The Linda Mwananchi campaign has been a subject of interest, with many Kenyans contributing to the paybill. Mr Masakhalia's petition seeks to ensure accountability and transparency in the use of funds collected. The court's decision on the matter will have implications for future political campaigns and the use of public funds.
The case will be determined by the High Court, which will have to decide whether to dismiss the petition or allow it to proceed. The court's ruling will provide clarity on the jurisdiction of the court in matters related to election campaign financing and the use of public funds for political campaigns.
Key points
- The petition was filed by Alan Masakhalia, who contributed Sh55 to the Linda Mwananchi campaign.
