Sifuna wants case seeking details of Linda Mwananchi funds dismissed

By  Sam Kiplagat

Court Reporter

Nation Media Group

Nairobi Senator Edwin Sifuna has asked the High Court to dismiss a petition seeking orders to compel Linda Mwananchi to account for the monies collected from Kenyans through a paybill launched in July 2026.

Mr Sifuna says in response to the petition filed by Alan Masakhalia that the High Court has no jurisdiction to determine the matter as the issues raised fall within the Dispute Resolution Mechanisms enshrined under section 21 of the Election Campaign Financing Act, and the Rules governing it.

Mr Masakhalia moved to court in September seeking court orders to compel Mr Sifuna and the Linda Mwananchi outfit to provide a full account of all contributions received through Paybill number 3033049 and any other fundraising channels.

But the Linda Mwananchi party leader argues that the court lacks jurisdiction to deal with the matters raised in the petition in view of the fact that Masakhalia’s grievance with respect to the disputes raised can be resolution through other channels.

“The petition is a calculated attempt to circumvent the well-laid out and statutorily prescribed dispute resolution mechanisms. By disregarding the mandatory dispute resolution framework, the petition is rendered devoid of merit and ought to be struck out with costs,” Mr Sifuna said.

The said Act states that any person may lodge a complaint with the Independent Electoral and Boundaries Commission (IEBC) alleging breach of the Act.

The Act says that where the Commission makes a finding that there is a breach of a provision of the Act, the electoral body may issue a formal warning, impose a fine, prohibit the errant candidate, political party or referendum committee from campaigning for a specified period or within a specified area or disqualify the errant candidate, political party, among other measures.

Mr Masakhalia says he contributed Sh55 to the Linda Mwananchi campaign and that the outfit should account for funds raised for the political project.

He further wants the court to determine what legal remedies are available if the political project is abandoned, diverted, transferred or substantially altered in a manner inconsistent with the representations made when the money was solicited.

“The petitioner further asks the court to determine what consequential relief is constitutionally and legally available if the political project is abandoned, diverted, transferred or otherwise substantially altered in a manner inconsistent with the representations upon which citizens contributed their money,” he says.

Mr Masakhalia says the petition is not driven by his personal political preference that Mr Sifuna should run for president. Rather, he argues, it seeks clarity on the legal obligations attached to funds raised from the public for a stated political purpose.

According to him, after raising substantial sums from Kenyans, Mr Sifuna could decide not to pursue a presidential bid, transfer the political support and infrastructure built through the project to another candidate, or use the funds for purposes different from those communicated to contributors.

“Such an eventuality would create a serious question as to whether citizens who contributed their money have enforceable constitutional and statutory interests in the preservation, accounting and lawful use of the funds and political project which they helped finance,” he says.

He wants the court to determine whether Mr Sifuna can lawfully collect money from the public for a presidential bid and later abandon the quest or endorse another candidate after raising the funds.

Mr Sifuna unveiled the paybill number on July 21, 2026, and invited Kenyans to make financial contributions to support the Linda Mwananchi movement.

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