NAIROBI, Kenya Sep 17 – A constitutional petition has been filed at the High Court seeking an account of money allegedly contributed by members of the public towards Edwin Sifuna’s Linda Mwananchi political project.

📻 Breaking It Down

The petition, filed by Alan Masakaliah, wants the court to determine whether Kenyans who contributed to the publicly promoted initiative acquired enforceable rights over the use, accounting and disclosure of the funds they gave to the project.

The petitioner questioned whether representations made by Sifuna while soliciting contributions created legal obligations after members of the public relied on them and contributed their money.

Masakaliah argues that contributors are entitled to know how the money was handled, whether it was used for the purpose for which it was solicited, and what should happen to any remaining funds if the project is abandoned or substantially altered.

📌 What You Need to Know

A key issue the petitioner wants the court to determine is what should happen to the contributions if Sifuna chooses not to pursue the presidential project.

The petitioner, however, acknowledges that Article 38 of the Constitution guarantees every person the right to make political choices.

He argues that the case is not intended to compel Sifuna to run for president, dictate his political beliefs or determine the political cause he should support.

“The court is not being asked to compel Sifuna to hold a particular political belief, support a particular candidate or contest the presidency against his wishes,” the petition states.

Instead, the petitioner wants the court to determine whether a political leader who voluntarily solicited and received citizens’ money for a publicly represented political project can subsequently abandon the project and redirect the funds, political infrastructure or other citizen-funded resources to a different political purpose without first accounting for the contributions and complying with the law.

The petition argues that constitutional political freedoms do not exempt individuals from financial accountability where citizens’ money has been solicited and received.

📰 Source: Capital FM Kenya