By Andrew Kariuki
The High Court has ruled that the attempted dissolution of Musalia Mudavadi’s Amani National Congress (ANC) and its merger with President Willam Ruto United Democratic Alliance (UDA) was unlawful, affirming that ANC remains a legally registered political party.
In a judgment delivered on Thursday, January 22, Justice Bahati Mwamuye held that the process used to dissolve ANC and absorb it into UDA failed to meet the constitutional and statutory requirements governing political party mergers.
The court found that the threshold set under the Constitution for dissolving and merging political parties had not been satisfied, rendering the entire process invalid.
As a result, ANC was declared to have retained its full legal personality, including all rights, obligations and protections provided under the law.
Justice Mwamuye further nullified a gazette notice issued by the Registrar of Political Parties that had formalised the merger, terming it unlawful, null and void.
He ordered the Registrar to immediately amend the official register to reflect ANC’s continued existence as a separate political party.
The court also directed that all assets previously belonging to ANC, which were allegedly transferred to UDA offices following the merger, be returned to ANC.
In addition, a prohibition was issued barring any person or institution from transferring, disposing of, or interfering with the party’s property, pending full compliance with the court’s orders.
The judge warned that any dealings with ANC assets after February 6, 2025, would be in violation of the court’s directive.
ANC, led by Prime Cabinet Secretary Musalia Mudavadi, had announced its decision to dissolve and merge with UDA, headed by President William Ruto, in January 2025, as part of efforts to consolidate political support under the ruling party.
The merger was officially gazetted by the Registrar of Political Parties on March 7, 2025, after which ANC ceased operations as an independent party and its leadership and structures were absorbed into UDA.
However, a group of ANC members opposed to the merger moved to court in March 2025, arguing that the dissolution violated Article 91 of the Constitution and was carried out without adherence to mandatory procedures, including proper internal party approval and lawful handling of party assets.
The High Court ruling now effectively reverses the merger, restoring ANC’s legal standing and reopening questions around party leadership, structures, and assets.
The decision comes at a sensitive political moment as UDA prepares for key party meetings, including a National Governing Council session and parliamentary engagements aimed at shaping pre-election alliances ahead of the 2027 General Election.
The judgment is expected to have significant political and legal implications for both parties.
