A voter has filed a constitutional petition at the High Court in Nairobi, seeking to compel Senator Edwin Sifuna to account for millions of shillings raised through his Linda Mwananchi political movement, warning that the funds could be diverted if the senator abandons his presidential ambitions.
Alan Masakhalia, who describes himself as a Nairobi County resident and pro-democracy activist, filed the petition on September 16, 2026, naming Sifuna as the first respondent and the Linda Mwananchi Movement as the second.
The Independent Electoral and Boundaries Commission (IEBC) and the Registrar of Political Parties are listed as the third and fourth respondents.
At the heart of the petition is a modest contribution Sh55, sent via M-Pesa through Paybill Number 3033049, which Sifuna unveiled on July 21, 2026, to fund the Linda Mwananchi movement.
Masakhalia said he made the contribution voluntarily, in reliance on public representations that the money would support a citizens-driven political project associated with Sifuna’s potential 2027 presidential bid.
“I did not make the contribution as a private gift to the 1st Respondent for his personal use. Neither was I responding to a medical or educational fundraiser; my contribution was clearly towards Hon. Sifuna’s Presidential Campaign kitty,” Masakhalia said in his supporting affidavit.
Court documents state that approximately 9,419 people contributed about Sh519,144 on the first day of the fundraising, with the total rising to approximately Sh2,210,836.82 within 36 hours.
The petition, filed under Articles 22 and 258 of the Constitution, asks the High Court to determine whether Kenyans who contributed money to the publicly promoted political campaign have enforceable constitutional and legal rights to accountability, transparency, and proper use of the funds.
The court was also asked to decide whether public appeals for donations created a legitimate expectation that the money would be used for its stated purpose, and whether abandoning or redirecting the project after raising funds could amount to a breach of constitutional or statutory obligations.
Masakhalia said that he is not asking the court to force Sifuna to run for president.
“The Petitioner does not ask the Court to compel the 1st Respondent to express political views contrary to his conscience,” the petition stated.
Instead, he argued that the court should determine whether a politician can lawfully raise money from the public for a declared presidential bid and later abandon that bid or redirect the funds while endorsing another candidate.
“Can Sifuna collect money from the public in the name of his candidacy only to later abandon the quest? Can he legally collect these funds only to later divert and endorse some other candidate?” read the court documents.
The petition cited public statements in which Sifuna reportedly said he “won’t be the obstacle to opposition unity” and could support other candidates, including Dr. Fred Matiang’i, Kalonzo Musyoka, or Rigathi Gachagua. Masakhalia argues that such a shift would leave contributors shortchanged.
“The Petitioner is concerned that if the political project is abandoned, transferred or materially altered, the funds contributed by citizens could potentially be transferred, diverted or applied to another political purpose without the contributors having adequate information concerning what has happened to their money,” the petition reads.
Pending the hearing and determination of the petition, Masakhalia is seeking conservatory orders to restrain Sifuna and the Linda Mwananchi Movement from disposing of, transferring, diverting, or dissipating funds solicited through Paybill 3033049.
He also wants the court to compel the respondents to disclose the total amount received, the accounts holding the funds, all expenditure incurred, and the identity of persons with signatory authority.
“The substratum of the Petition is therefore capable of being defeated if the funds are dissipated or the relevant financial records are destroyed, concealed or transferred,” the petition warns.
The petition is supported by annexures including M-Pesa transaction screenshots showing contributions sent to “E SIFUNA” for amounts ranging from Sh10 to Sh2,000, with account names including “Ochieng Barasa,” “Nina,” “Jacob Ndagwa,” “Bonface,” and “Jamlax.” Masakhalia’s own transaction, dated September 15, 2026, shows Sh55 paid to “E SIFUNA AND ASSOCIATES ADVOCATES” via Paybill 3033049, with transaction code UIFGL6LZQJ.
Beyond the conservatory orders, Masakhalia is seeking declarations from the court on whether citizens who contributed to the political project acquired enforceable constitutional and statutory interests in the proper use and accounting of their contributions.
He also wants the court to determine whether public representations about the purpose of the contributions can create enforceable obligations and legitimate expectations, and whether abandoning or diverting a publicly funded political project can attract legal consequences.
The petitioner further argues that Sifuna’s constitutional right under Article 38 to make political choices does not exempt him from complying with campaign financing and disclosure laws.
The petition also seeks an order compelling a full and verified account of all funds received, disclosure of all expenditure with supporting documentation, and an injunction restraining any transfer or application of the funds for purposes inconsistent with the representations made to contributors.
The case raises significant questions about the intersection of constitutional political freedoms and statutory campaign finance obligations under the Election Campaign Financing Act, 2013, the Elections Act, 2011, and the Political Parties Act, 2011.
It also tests whether courts can fashion remedies that preserve a politician’s personal autonomy while protecting citizens who have financially backed a political project.
“The law cannot reasonably be interpreted to mean that once citizens surrender their money, they have no legal interest whatsoever in knowing where that money goes, how it is used, whether it is used for the represented purpose and what happens to it if the project is abandoned,” the petition argues.
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