Court Blocks Merger of Mudavadi’s ANC Party With UDA
The High Court has stopped the merger between the Amani National Congress (ANC) and the United Democratic Alliance (UDA), declaring the process unconstitutional and confirming that ANC still legally exists as an independent political party.
In a ruling delivered on Thursday, January 22, Justice Bahati Mwamuye said the dissolution of ANC and its merger with UDA did not follow the constitutional and legal requirements for merging political parties. Because of these failures, the court ruled that the entire process was invalid from the start.
The judge clearly stated that ANC remains a duly registered political party under Kenyan law. This means the party still enjoys all its constitutional rights, legal protections, and obligations, just like any other registered political party in the country.
Justice Mwamuye also declared unlawful a gazette notice issued by the Registrar of Political Parties that had formally confirmed the merger.
The court ruled that the notice was null and void and ordered the Registrar to immediately update the official register to reflect that ANC still exists as a legal political party.
In addition, the court directed that all assets belonging to ANC be returned to the party’s offices. These assets were allegedly moved to UDA offices after the merger was announced.
The judge warned against any further transfer, sale, or interference with ANC’s property, setting February 6, 2025, as the effective date of the protection order.
The ruling further barred any individual or institution from handling, disposing of, or tampering with ANC assets until there is full compliance with the court’s orders. This was meant to safeguard the party’s property as the legal issues are resolved.
ANC, led by Prime Cabinet Secretary Musalia Mudavadi, and President William Ruto’s UDA had earlier agreed to dissolve ANC and merge into UDA to form a stronger political outfit. Under the agreement, UDA was to retain its name and identity as the main party.
On January 17, 2025, ANC officially announced that it had folded and joined UDA, marking what was described as a voluntary dissolution to create a united political force under the UDA banner.
The Office of the Registrar of Political Parties later published a gazette notice on March 7, 2025, confirming the merger and declaring that ANC had ceased to exist.
Following the merger, President William Ruto remained the UDA party leader. Deputy President Kithure Kindiki was named the first deputy party leader, while a new deputy leader position was created for Issa Timamy, who had previously served as ANC’s deputy leader.
However, the merger was challenged in court by a group of ANC members who opposed the decision. The petition, filed in March 2025, argued that the dissolution and merger process violated Article 91 of the Constitution.
The members also raised concerns over procedural flaws and the transfer of ANC assets to UDA offices without proper legal approval.
The court ruling comes at a sensitive time for UDA, which is preparing to hold a National Governing Council meeting and a Parliamentary Group meeting. These meetings are expected to focus on pre-coalition talks with other political parties, including ODM, ahead of the 2027 General Election.
With the court decision now in effect, ANC’s former leadership and party structures are expected to be re-established. This development is likely to create uncertainty and confusion within UDA as it reorganizes its political strategy moving forward.
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