A constitutional petition has been filed at the High Court seeking an account of funds contributed by members of the public to the Linda Mwananchi political project associated with Edwin Sifuna.
The petition, filed by Alan Masakaliah, asks the court to determine whether members of the public who contributed to the publicly promoted project acquired enforceable rights regarding the use, accounting and disclosure of the funds.
The petitioner argues that contributors are entitled to know how their money was handled, whether it was used for the purpose for which it was solicited and what should happen to the funds if the project is abandoned or significantly altered.
A central issue in the case is whether representations made while soliciting contributions created legal obligations after members of the public relied on those representations and contributed money.
The petition asks the court to determine whether contributors acquired constitutional and statutory interests in the lawful use of their contributions, proper accounting and disclosure, as well as compliance with campaign-financing laws.
The petitioner also wants the court to determine what should happen to the funds if Sifuna chooses not to pursue the presidential project.
The petition acknowledges the constitutional protection of political choice under Article 38, but maintains that the case is not seeking to compel Sifuna to contest the presidency or adopt a particular political position.
Instead, it asks whether funds voluntarily solicited from citizens for a stated political purpose can subsequently be transferred, diverted or repurposed for a materially different political objective without appropriate legal authority, disclosure and accountability.
Among the orders sought is a full and verified account of all money received for the Linda Mwananchi project, including contributions made through Paybill No. 3033049 and other fundraising channels.
The petitioner is also seeking disclosure of expenditure from the funds, including receipts, invoices, payment records and other supporting documents.
The court is further being asked to establish who has had custody, control or signatory authority over the funds, as well as their current status and balance.
Other prayers include orders restraining the transfer, diversion or use of the funds for purposes inconsistent with the representations made when the contributions were solicited, and preservation of the project's political and financial records pending determination of the case.
The petition invokes Articles 10, 22, 23, 38, 81, 88 and 259 of the Constitution, alongside the Election Campaign Financing Act.
It also asks the court to determine whether public representations concerning the purpose and intended use of political contributions can create enforceable constitutional or statutory expectations regarding their use, accounting, disclosure and eventual treatment.
The petitioner further wants the court to determine whether relevant electoral and political-party regulatory bodies have duties, within their mandates, to investigate complaints relating to campaign financing and the operation of political parties or proposed political parties.
The petition maintains that any orders issued should respect Sifuna's constitutional freedom to make political choices while ensuring that citizens' contributions are not unlawfully dissipated, diverted or concealed.
The case does not ask the court to determine who should be nominated or elected president.
Instead, it seeks a determination on whether representations made to contributors created enforceable legal obligations and, if so, what remedies may be available.
