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Too little too late, UDA says after court nullifies ‘merger’ with ANC
Amani National Congress party leader Musalia Mudavadi (left) and Deputy President William Ruto during a joint rally at Posta Ground in Bungoma County on January 28, 2022.
President William Ruto’s United Democratic Alliance Party (UDA) has faulted a high court ruling delivered on Thursday reversing the dissolution of the Amani National Congress Party, saying it has been overtaken by events.
The ruling, which is seen to have dealt a major legal blow to its ‘merger’ with United Democratic Alliance (UDA), nullified a Gazette Notice issued last year and ordered the Registrar of Political Parties to immediately reinstate ANC’s full legal status.
Supporters of former ANC leader Musalia Mudavadi, who felt he committed political suicide, celebrated the ruling as a new lease of life for them.
The ANC had dissolved in January 2025 and merged with President Ruto’s UDA, formally ceasing to exist on March 7, 2025, after a special National Delegates Conference ratified the move.
This dissolution was, however, 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.
Critics argued that the process had sidelined grassroots members and bypassed constitutional procedures required for dissolution and mergers.
In its ruling, the court declared that the special NDC was illegal, stating that it had been conducted “in violation of the constitution” for failing to involve members and therefore or resolutions passed, including dissolution and the transfer of assets were deemed unconstitutional, unlawful, null and void from inception.
Justice Bahati Mwamuye also quashed the Gazette Notice 3449, which formalised the dissolution and directed the immediate reversal of any property transferred to UDA or any other entity.
But a day after the ruling, the UDA Party has faulted the ruling, saying no merger existed between it and Prime Cabinet secretary’s former outfit ANC.
Lamu County Governor Issa Timamy.
“I would like to state categorically that the court ruling on the purported ANC-UDA merger is a matter that events have overtaken,” Mr Issa Timamy, UDA Deputy Party Leader, said in a statement on Friday.
According to him, on March 14, 2025, through Gazette Notice No 3449, the then Registrar of Political Parties, Ms Anne Nderitu, notified all and sundry that ‘Pursuant to section 9 and 34C of the Political Parties Act, Capt 7 D, and paragraphs 22, of the second schedule to the Act, that ANC at its special NDC in line with the party constitution, dissolved.
“Clearly, what was done was a voluntary dissolution by the ANC Party by its members, and therefore, the matter of the ANC Party having merged with UDA is, with respect, not factual. In fact, and in law, there was never a merger between the two political parties,” said Mr Timamy, who served as the ANC Party leader before the outfit’s dissolution.
He further pointed out that to state that the ‘merger’ has been declared unlawful by the court is to ‘scribble’ yet another ‘fiction’, arguing that you cannot nullify a decision that never was in the first place.
Mr Timamy stated that after the dissolution, all ANC assets were lawfully transferred to the UDA following due process and established legal procedures.
He maintained that there is no parallel structure, no competing claim and no legal or operational ambiguity whatsoever.
“As members of UDA, our priority is to protect the integrity of the party, consolidate unity and mobilise our members as we work decisively towards the re-election of President Ruto,” said Mr Timamy.
Twelve parties have formally joined the Kenya Kwanza alliance after signing a coalition agreement.
He stated that their focus remains on delivering the Bottom-up Economic Transformation agenda (BETA) and ensuring real, measurable development outcomes for the people of Kenya.
The ruling comes at a time when there is turmoil in other political parties, with a section of the outfits questioning some decisions made but sidelining the members.
In the Orange Democratic Movement (ODM) party, for instance, some sections of leaders are demanding that the new party leader be elected in a National Delegates Conference and also that the move to enter into the pre-election pact be done after resolution by members in an NDC.
The Justice Mwamuye ruling is likely to shape the processes of many parties as it puts members at the centre of major decision-making in the party.
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 restored party ANC now faces the immediate challenge of reorganising, reengaging supporters, and redefining its role in a competitive political landscape.
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