POLITICAL PARTIES FORUM COALITION, MUUNGANO PARTY,KENYA NATIONAL CONGRESS & JULIUS MWANGI MURIUKI V. OFFICE OF THE REGISTRAR OF POLITICAL PARTIES, INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & ATTORNEY GENERAL

RULING OF THE COURT

The applicants, Political Parties Forum Coalition, Muungano Party, the Kenya National Congress and Julius Mwangi Muriuki, a registered voter and a member of Mwangaza Party petitioned the High Court for:-

“A. A declaration that the Political Parties Act is unconstitutional, null and void in Section 25 (2) (a), to the extent that it purports to establish a high and discriminatory threshold for political party funding, and is applied to deny about 35% of voters of contribution in determining allocation of the Political Parties Fund.

Further and in particular:

a. A declaration that section 25 (2) (a) of the Political Parties Act is unconstitutional, null and void to the extent that it has been or is intended to be applied only to individual political parties and/or only to pre-election coalitions, contrary to the constitutional and statutory recognition of political party coalitions.

b. A declaration that the 1st, 2nd and 3rd petitioners are entitled to fair access to the P…