NAIROBI, Kenya Sep 17 – A constitutional petition has been filed at the High Court seeking an account of money allegedly contributed by members of the public towards Edwin Sifuna’s Linda Mwananchi political project.The petition, filed by Alan Masakaliah, wants the court to determine whether Kenyans who contributed to the publicly promoted initiative acquired enforceable rights over the use, accounting and disclosure of the funds they gave to the project.The petitioner questioned whether representations made by Sifuna while soliciting contributions created legal obligations after members of the public relied on them and contributed their money.Masakaliah argues that contributors are entitled to know how the money was handled, whether it was used for the purpose for which it was solicited, and what should happen to any remaining funds if the project is abandoned or substantially altered.A key issue the petitioner wants the court to determine is what should happen to the contributions if Sifuna chooses not to pursue the presidential project.The petitioner, however, acknowledges that Article 38 of the Constitution guarantees every person the right to make political choices.He argues that the case is not intended to compel Sifuna to run for president, dictate his political beliefs or determine the political cause he should support.“The court is not being asked to compel Sifuna to hold a particular political belief, support a particular candidate or contest the presidency against his wishes,” the petition states.Instead, the petitioner wants the court to determine whether a political leader who voluntarily solicited and received citizens’ money for a publicly represented political project can subsequently abandon the project and redirect the funds, political infrastructure or other citizen-funded resources to a different political purpose without first accounting for the contributions and complying with the law.The petition argues that constitutional political freedoms do not exempt individuals from financial accountability where citizens’ money has been solicited and received.“Political freedom should not operate as a shield against lawful accountability arising from the receipt and use of citizens’ money,” the petitioner states.The High Court is also being asked to determine whether funds raised for a stated political purpose can be transferred, diverted or repurposed for a materially different political purpose without appropriate legal authority, disclosure and accountability.Among the orders sought is one compelling the first and second respondents to provide a full and verified account of all money received for the Linda Mwananchi project.The petitioner specifically wants the account to cover contributions made through Paybill number 3033049, as well as money received through any other fundraising channels.He is also seeking disclosure of expenditure from the funds, including receipts, invoices, payment records and other supporting documentation.The petition further seeks the identities of individuals and entities who allegedly had custody, control or signatory authority over the funds, together with disclosure of the current status and balance of the money.Masakaliah wants the respondents restrained from transferring, diverting or applying the funds for purposes inconsistent with the representations under which they were allegedly solicited.The court is also being asked to preserve the project’s political and financial records pending determination of the petition and prevent disposal or dissipation of the disputed funds.According to the petitioner, there is a risk that money could continue to be received, spent, transferred or otherwise dealt with before the substantive issues are determined, potentially undermining any eventual orders issued by the court.The petition invokes Articles 10, 22, 23, 38, 81, 88 and 259 of the Constitution, alongside provisions of the Election Campaign Financing Act.The petitioner wants the court to establish legal principles governing political projects funded through public contributions, including whether representations concerning the purpose and intended use of political donations can create constitutional or statutory obligations relating to their use, accounting, disclosure and eventual treatment.The petition also asks the court to determine whether relevant electoral and political-party regulatory bodies have a legal duty, within their respective mandates, to investigate complaints relating to campaign financing and the operation of political parties or proposed political parties.Masakaliah maintains that any orders made should preserve Sifuna’s constitutional freedom to make political choices while protecting citizens’ contributions from unlawful dissipation, diversion or concealment.The case does not ask the High Court to determine who should be nominated or elected president.Instead, the petitioner wants the court to determine whether representations made to contributors created enforceable legal obligations and, if so, the appropriate remedies.The allegations contained in the petition are yet to be tested and determined by the court.