Sifuna sued over funds raised through Linda Mwananchi

Nairobi Senator Edwin Sifuna is facing a legal suit over funds raised through the Linda Mwananchi political movement, with a petitioner claiming he contributed money believing it would support the senator’s bid for the presidency in the 2027 general election.

In a petition filed at the High Court in Nairobi, Alan Masakhalia, a Kenyan voter, wants Sifuna compelled to account for funds raised from the public through Paybill number 3033049, which he argues was publicly used to solicit contributions towards the political project.

Masakhalia claims he contributed Sh55 through the Paybill after following Sifuna’s political activities and public mobilisation around Linda Mwananchi.

In his verifying affidavit, Masakhalia states that he made the contribution because he understood the project to be associated with Sifuna’s presidential ambitions.

“My contribution was clearly towards Sifuna’s Presidential Campaign kitty,” he states in the affidavit.

He says the money was not intended as a personal gift to Sifuna but was contributed in response to a public fundraising appeal connected to the political project.

According to the petitioner, Linda Mwananchi was promoted as a citizens-driven political project intended to provide an alternative political direction in Kenya, while public statements and political mobilisation surrounding the initiative associated it with Sifuna’s potential candidature for the presidency.

Masakhalia says the fundraising attracted contributions from numerous Kenyans, including collections made in rural markets where buckets bearing Sifuna’s poster were used to receive money.

He cites publicly reported figures indicating that about 9,419 people contributed approximately Sh519,144 during the first day of the fundraising exercise.

The amount, he claims, later rose to approximately Sh2.21 million within about 36 hours of the launch.

Masakhalia’s case is centred on what should happen to the money if Sifuna decides not to pursue the presidential project or changes the political direction associated with Linda Mwananchi.

He says the leader has publicly indicated that he would not stand in the way of opposition unity and could support other potential presidential candidates.

The petitioner names former Interior Cabinet Secretary Fred Matiang’i, former Deputy President Rigathi Gachagua and Wiper leader Kalonzo Musyoka among those he says Sifuna has indicated he could support.

“I am 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,” Masakhalia says.

He argues that contributors are entitled to know how the money they donated is being held, accounted for and used.

“I am concerned that unless the 1st respondent (Sifuna) clearly confirms his candidacy, the funds may be transferred to a different candidate, supported by a different party,” he says.

However, Masakhalia acknowledges Sifuna’s constitutional right to make political choices and says he is not asking the court to force the senator to contest the presidency.

“I respect the constitutional right of the 1st Respondent, like every other Kenyan citizen, to make political choices,” he states.

His complaint, he says, is whether that right can shield Sifuna from accountability over money voluntarily contributed by citizens for a publicly represented political purpose.

Masakhalia wants the court to determine whether contributors acquired enforceable constitutional and statutory interests in the proper use, accounting and disclosure of their contributions.

He is also seeking orders requiring Sifuna and Linda Mwananchi to disclose the total funds received, the accounts or financial instruments holding the money, expenditure details, recipients and purposes of spending.

The petitioner further wants the respondents restrained from transferring, diverting, concealing or dissipating the funds for purposes inconsistent with the representations made during the fundraising.

He also wants financial, M-Pesa, Paybill, accounting, expenditure and communication records relating to the fundraising preserved pending determination of the case.