Former Prime Minister Raila Odinga, through his Orange Democratic Movement (ODM) party, has finally been awarded a Ksh4 Billion fortune by the Court of Appeal.
According to The Standard, the party had been involved in a court battle with Parliament following arrears that date back to 2011.
ODM filed a suit claiming that the state owed it the money in a stretch of four years from 2011 to 2016 and was demanding members of parliament to settle all of it.
The party further argued that out of the set payout, it had only received Ksh100 million.
In a ruling, a majority, Justices Otieno Odek and Daniel Musinga, of the three-judge bench ordered members of Parliament to settle the arrears.
“The appellant is entitled in arrears to all monies due pursuant to Section 25(1)(a) of the Political Parties Act from the financial year subsequent the effective date of the Act i.e. arrears from the 2012/13 financial year,” they ruled.
Justice Erastus Githinji, however, differed with his colleagues arguing that ODM failed to lodge claims for the money in successive financial years.
He added that the complaint came way too late and that the finances could not be ascertained.
“It is clear from the foregoing that the appellant and its Members of National Assembly had an opportunity in each of the five financial years to make a recommendation or even lobby for the appropriation of sufficient funds for the Political Parties Fund. The law serves the vigilant and acquiescence may amount to a waiver of statutory rights,” ruled Githinji.
ODM had initially lost the case at the High Court after Justice Roslyne Aburili ruled that she could not force a payout since the party had never officially made a claim.
“The party waited for four financial years to demand the money, yet it had known that Parliament had not been allocating the correct figures,” stated Aburili.
