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Political parties have suffered a major blow after President William Ruto’s United Democratic Alliance (UDA) Party obtained orders suspending the distribution of Ksh1.48 billion from the Parties Fund.

In a brief ruling by the Political Parties Dispute Tribunal sitting in Nairobi, chairperson Desma Nungo on Friday, November 11, 2022, issued the conservatory orders halting the decision of Registrar of Political Parties issued last week to release the funds to political parties pending the determination of the suit by UDA challenging the manner of distribution.

“This tribunal hereby issues interim orders staying the decision of Registrar of Political Parties published on November 44, 2022 vide Kenya Gazette notice No. 13509 pending the hearing and determination of the application herein,” Nungo said.

This is after UDA challenged the decision of the registrar saying it’s unlawful as it has failed to disclose the formula employed in arriving at the figures for the distribution of the funds to the over 45 political parties in Kenya.

The party argues that the registrar erred in its decision to allocate it Ksh577,162,898 for the financial year 2022 to 2023 less Ksh 115 million having acquired more elective positions in the August polls.

“Despite multiple requests and prodding, the Registrar of Political Parties has failed to disclose to the party the formula employed in arriving at the said amount,” the party said through lawyer Adrian Kamotho.

The party faults the office of the Registrar of Political Parties for having knowingly miscalculated the total number of votes garnered by qualifying parties in the General Election held on August 9, 2022, in regard to the election of the President, Members of Parliament, County Governors and Members of County Assemblies.

Lawyer Kamotho claims that the Registrar totally disregarded the UDA’s unopposed votes in relation to the positions of Kericho County Women Representative and Member of County Assembly Ravine Ward, Baringo County when arriving at the fund allocations.

“The import of the Registrar’s decision is that the UDA shall be unlawfully deprived of funds in excess of Ksh 115 million that it’s rightfully entitled to, hence jeopardizing its activities and operations,” lawyer Kamotho stated.

“Unless the imbalance adduced herein is systematically redressed, the appellant legitimately believes that it shall not be in a position to fulfill its statutory mandate of promoting the representation of women, persons with disabilities, youth, and marginalized communities among other noble ideals.”

The lawyer further says that the decision to deprive UDA of its due share of the Political Parties Fund is profoundly incompatible with the laws of Kenya and the Holy Biblical Scriptures.

An affidavit filed by UDA Finance Director Joseph Mulili states that the total number of votes secured by the party in the general election was 31,106,673 against a possible total of 68,555,184 votes.

 Therefore, 70% of the rightfully calculated fund by the total number of votes of the party is equal to Ksh468,493,234.

He also says that UDA garnered a total of 205 out of the possible 489 slots in the elections held on August 9, 2022. Hence, 15% of the correctly calculated fund by the total votes sums up to Ksh 92,753,063.

It is his argument that the total number of representatives from the party elected in the elections was 701 out of 1754 positions, thus entitling them to Ksh59,000,000.

“In light of the foregoing, the sum total of the Political Parties Fund that UDA is entitled to is Ksh620,246,297. This amount is exclusive of the unopposed votes for Kericho County Women Representative and Member of County Assembly Ravine Ward, Baringo County, ” Mulili claims.

“Allocating a global sum of Ksh577, 162,898.00, the registrar is acting oppressively and unjustly towards UDA, thus necessitating the earliest intervention of this Tribunal.”

According to the Office of the Registrar of Political Parties, UDA has bagged Ksh577.2 million the lion’s share in the allocation.

It was followed by Orange Democratic Movement (Ksh308.3 million), Jubilee Party (Ksh135.1 million), Wiper Party (Ksh72.1 million) and Democratic Action Party of Kenya (DAP-K) which will get Ksh31.6 million.

According to Speaker of the National Assembly Moses Wetangula, UDA has 145 MPs, ODM (86), Jubilee (28), and Wiper (26).

In the Senate, UDA has the highest number of representatives with at least 32 of the 67 senators.