JUDGMENT OF THE COURT
1. To enhance multi-party pluralism with a view to foster competitive politics, the concept of funding political parties was mooted and engrained in Kenya’s Constitution. To this end, Article 92 (f) of the Constitution provides that Parliament shall enact legislation to provide for the establishment and management of a Political Parties Fund. Pursuant to this enabling provision, Parliament enacted the Political Parties Act No. 11 of 2011. The objective of the Act is inter alia to provide for registration, regulation and funding of political parties.
2. Section 23 of the Political Parties Act establishes the Political Parties Fund which is be administered by the Registrar of Political Parties. Under Section 24 (1) (a) of the Act, the Fund shall receive not less than 0.3% of the revenue collected by national government as may be provided by Parliament. To effectuate distribution of monies from the Fund to political parties, Section 25 (2) (a) of the Act establishes a…