The High Court has reversed the dissolution of the Amani National Congress (ANC), a political party linked to Prime Cabinet Secretary Musalia Mudavadi, restoring it to active politics and dealing a legal blow to its merger with the United Democratic Alliance (UDA).
The ruling nullified a Gazette notice issued last year and ordered the Registrar of Political Parties to immediately reinstate ANC’s full legal status.
The ANC had dissolved in January 2025 and merged with President William Ruto’s UDA, formally ceasing to exist on March 7, 2025, following a special National Delegates Congress that ratified the move.
As result of the merger Lamu Governor Issa Timamy, ANC’s former party leader, became one of UDA’s deputy party leaders, while Emuhaya MP Omboko Milemba, ANC’s former secretary-general, assumed the position of UDA’s deputy secretary-general.
This development was challenged in court by rights activist Stephen Mutoro, who sued Mr Mudavadi, the Registrar of Political Parties, and other party officials. At stake were members’ political rights and the future of a party founded to champion reformist politics.
In its ruling, the court declared that the special National Delegates Congress convened on February 7, 2025, was illegal, stating that it had been conducted “in violation of the Constitution” for failing to involve members.
All resolutions passed during the meeting, including the dissolution of the party and the transfer of its assets, were deemed unconstitutional, unlawful, null, and void from inception.
Additionally, the court quashed Gazette Notice No.3449 dated March 7, 2025, which had formalised the dissolution.
“ANC remains a duly registered political party whose legal personality had never been lawfully terminated,” Justice Bahati Mwamuye ruled.
President William Ruto (cetre) with Prime Cabinet Secretary Musalia Mudavadi (left), National Assembly Speaker Moses Wetang'ula (right) and kakamega Governor Fernandes Barasa during a meeting with grassroots leaders from Kakamega County at State Lodge Kakamega.
Photo credit: PCS
The judge issued an order compelling the Registrar to update the register, remove all records of dissolution, and notify state organs and the public.
A permanent injunction was also imposed, restraining the respondents from interfering with ANC’s assets held as of February 6, 2025 without legal compliance. The court further directed the immediate reversal of any property transferred to UDA or any other entity.
The dispute stemmed from ANC’s internal turmoil after Mr Mudavadi aligned with President Ruto’s camp and supported the merger with UDA.
Critics within ANC argued that the process marginalized grassroots members and bypassed constitutional procedures required for dissolution and mergers.
The contested delegates’ meeting, convened on short notice and held at the Bomas of Kenya, fueled allegations of procedural irregularities.
Despite the Registrar’s gazettement of the dissolution, dissenting members moved to court, warning that the move undermined internal democracy.
President William Ruto hands over Ministerial documents to Prime Cabinet Secretary Musalia Mudavadi during the performance contracts signing held at State House.
Photo credit: Francis Nderitu| Nation Media Group
Beyond restoring ANC’s legal standing, the ruling complicates political realignments ahead of the 2027 elections, particularly for members who resisted absorption into UDA. It also reinforces constitutional safeguards on political participation, with the court finding that members were unlawfully excluded from decision-making.
The court emphasised that actions taken without member involvement violated Articles 10, 36, and 38 of the Constitution, rendering the process “unreasonable and unfair.”
The Registrar must now implement the court’s orders and publicly announce ANC’s reinstatement, while political actors reassess alliances formed during the dispute.
The restored party faces the immediate challenge of reorganising, reengaging supporters, and redefining its role in a competitive political landscape.
