Nasa principals Kalonzo Musyoka, Musalia Mudavadi and Moses Wetang’ula have been dealt a blow in their push for a piece of ODM’s Sh6.2 billion cash from the exchequer.
In what could spell doom for the already moribund opposition coalition, Kalonzo’s Wiper, Mudavadi’s ANC and Wetang’ula’s Ford Kenya will miss out on the cash.
Registrar of Political Parties Anne Nderitu has declared that the Raila Odinga – led party is not under any obligation to share its political parties cash with coalition partners.
The registrar explained that the coalition agreement deposited with her office does not provide for the sharing of funds.
“Ordinarily, when dealing with coalitions we go by what the parties agreed in the MoU. If that MoU gives a formula of sharing of funds, then we go with that. But if it does not, then we go by the [Political Parties] Act,” she said.
“In this particular case, the MoU did not stipulate such a formula and therefore we cannot enforce the sharing of the funds. We go by what the Act provides.”
Nderitu was responding to Mavoko MP Patrick Makau of Wiper who sought her intervention to compel the ODM Party to share the monies with other coalition partners.
“There were some rumours that ODM recently received Sh6.4 billion. Is there a way you can intervene to ensure the parties in the coalition get the money?” the MP asked the registrar who appeared before the National Assembly Public Accounts Committee to respond to 2016-17 audit queries raised by Auditor General.
The issue of sharing the money has been emotive and is threatening to sound the death knell for the once vibrant opposition coalition.
Wiper, Ford Kenya and ANC have accused ODM of bulldozing them and pocketing the millions it receives from the National Treasury.
In its financial statement published in the dailies on Monday, ODM indicated its expecting Sh6.2 billion from the National Treasury.
This is money that has accrued over the years including Sh4 billion that was awarded by the Court of Appeal after a protracted legal battle with the Jubilee administration.
With the handshake, there is little chance the government will appeal the ruling giving ODM’s a war chest as the 2022 polls beckon.
The Political Parties Act, 2011, which established the Political Parties Fund, dictates that not less than 0.3 per cent of the last audited account should be allocated to political parties.
Currently, the money is shared between ODM and the ruling Jubilee Party.
“In this particular case, the MoU did not stipulate such a formula and therefore we cannot enforce the sharing of the funds. We go by what the Act provides,” Anne Nderitu
Some 15 per cent of the fund goes to the registrar’s office for administrative purposes.
The fund is based on the number of seats a party wins and votes cast for the party’s candidates.
Statistics obtained by the Star show that Jubilee has received the highest amount – Sh816.05 million – since 2017 by virtue of the number of elective seats it won in the last elections.
In 2017-18, it got Sh240.37 million, followed by Sh434.64 million in 2018-19.
In the current financial year, the ruling party is entitled to 564.16 million. However, it has so far received only Sh141.04 million
ODM has received Sh381.09 million since 2017.
In 2017-18 it got Sh112.25 million and Sh202.98 million in the following financial year.
In this financial year, the party has so far received Sh65.86 million out of Sh263 million is it was allocated.
In June, the orange party was awarded Sh4.1 billion by the Court of Appeal after a long battle.
In the landmark ruling by a three judge bench, the court directed Parliament to allocate ODM the money backdated to November 1, 2011.
ODM moved to court, demanding that it should be paid the arrears which had accrued over four financial years between 2011 and 2016.
Yesterday, the registrar said her office has not received the money.
“The judge awarded Sh4.1 billion but i think they might have claimed more because of the accruals. But what we know is Sh4.1 billion,” Nderitu said.
Yesterday, ODM Secretary General Edwin Sifuna attacked the Nasa affiliate parties and reiterated that the party will not share the money with them.
According to Sifuna, the partners have betrayed, back-stabbed and disrespected ODM and insisted that the coalition should be dissolved.
“When Mudavadi comes from US, he should be the first person to sign the dissolution agreement and forward it to Wetang’ula and then to us so that we can formally disengage. We are no longer in coalition. We are not friends. Why should we pretend?” he said.
“Even a girlfriend or slay queen must take care of the boyfriend for her to be given money for rent. You cannot abuse a sponsor and you still want his money. These people refused to come for swearing in, today [yesterday] Musalia attacked the handshake and they are fielding a candidate in Kibra. Are those people you can give your money?” Sifuna posed.
But Wiper Party executive director Jared Siso and ANC secretary general Barack Muluka tore into the registrar and the orange party for attempting to collude to deny their parties their rightful share of the funds.
Siso and Muluka claimed that the MoU provides for sharing of the cash and threatened to move to court to force the registrar, the National Treasury and ODM to share the money with them.
“She just hasn’t read the MoU. I think it is a big embarrassment that she has not read the MoU. If she hasn’t, her officers should have read it for her,” Muluka said.
Siso said that his party will explore avenues including dialogue and going to court to get the cash.
“We still believe there is room for dialogue although our patience is slowly fading. We will exploit all possibilities and divorce will be the last,” he said.
According to Siso, the MoU provided for the sharing of the funds among the four parties but the exact formula was to be developed by the co-chairs of the coalition.
“ODM is using a different clause that states that upon winning election, the co-chairs of the coalition will sit down and design a formula of how the money should be shared. The formula is not yet out because we appear to be reading from different scripts,” he said.
In June, attempts by the registrar to mediate the parties to agree on a formula of sharing the monies flopped after ODM remained adamant. The parties have also been negotiating to agree on a formula.
Wiper, ANC and Ford Kenya have claimed that they contributed towards the campaigns of the coalition’s presidential candidate – Raila – in both 2013 and 2017 and should therefore get the political parties funds.
