• Secretary-general Edwin Sifuna said, however, that Nasa's ANC, Ford Kenya and Wiper are entitled to funds received on account of the presidential vote.
• All parties campaigned for Raila Odinga
The ODM party will not share money received from the Political Parties Fund to affiliates based on their strength at the polls with the National Super Alliance members.
Secretary-general Edwin Sifuna said, however, that Nasa's ANC, Ford Kenya and Wiper are entitled to funds received on account of the presidential vote. All parties campaigned for Raila Odinga. But the annulment of that election means ODM owes them nothing.
“They, however, cannot be entitled to monies due to ODM on account of the votes received by the party’s other candidates, that is governors, MPs and MCAs, for the simple reason that they did not campaign for them,” he said.
Sifuna said Nasa boycotted the repeat poll following the Supreme Court nullification of the results of the 2017 presidential election.
He said that the Registrar of Political Parties could not, therefore, take into account the August 8, 2017 presidential results in the distribution of the fund.
“ODM does not, therefore, receive any money on account of presidential votes from the 2017 General Election. ODM does not, therefore, owe any monies to any other political party,” Sifuna said.
For a party to qualify for funding, it must have at least 20 MPs, three senators, three governors and 40 MCAs elected on its ticket. Only Jubilee and ODM qualified for the fund after the 2017 General Election.
On Monday, Registrar of Political Parties Anne Nderitu told Parliament's Public Accounts Committee that she had no option but to give ODM all the money in the absence of a sharing formula.
She said her office has on several occasions communicated to the Nasa affiliates to complete the process but there has been no response.
But Sifuna said Nderitu misled the committee.
He said the registrar only needs to consider the number of votes received by a political party in the preceding General Election to share the funds.
“This means the aggregate number of votes received by all the party’s candidates from President to MCA across the country,” he said.
“ODM has on several occasions written to the Registrar of Political Parties to argue the case that applying the presidential results of the repeat election when the law demands that she apply the results of a general election is unlawful.”
He said the decision has resulted in a skewed allocation of the fund in favour of Jubilee with their pleas falling on deaf ears.
Sifuna added that ODM has challenged Nderitu to move to the Supreme Court for an advisory opinion on how to treat the August 2017 presidential results when distributing the cash.
“The Registrar is under obligation further to explain these facts in detail whenever the subject comes up in public fora. It is indeed baffling and an abdication of duty that she would allow misinformation to spread and aspersions cast against the ODM Party when she has the full facts,” Sifuna said.
Sifuna added that Sh4.1 billion arrears are amounts awarded to ODM covering the period between 2012-2016.
“The other parties that would have been entitled to this award would have been The National Alliance Party and the United Republic Party that ceased to exist,” he said.
Sifuna said parties claiming monies from ODM should seek legal interpretations on election annulment in decisions on political party funding.