JUDGMENT OF OTIENO-ODEK, JA
1. Public funding of political parties is a controversial and divisive issue in any democracy. There is a delicate balance between ensuring accountability and transparency and allowing political parties to be adequately resourced to carry out their mandate of representing citizens. The rationale for public funding of political parties is a policy, governance and political issue. The nature and extent of funding is determined politically and thereafter given legal foothold through legislative enactment. In Kenya, the Political Parties Act was enacted and assented to on 27th August 2011. Its commencement date is 1st November 2011. Section 23 of the Act establishes a Political Parties Fund which is administered by the Registrar of Political Parties, the 3rd respondent herein.
3. Section 24 (1) (a) of the Political Parties Act stipulates, inter alia, that the Fund shall have such funds not being less than zero point three per cent of the revenue collected by the …