The Prime Cabinet Secretary of Kenya, Wycliffe Musalia Mudavadi, has suffered a major setback after the Nairobi High Court declared his decision to merge the Amani National Congress (ANC) party with the United Democratic Alliance (UDA) unconstitutional.
Delivering judgment on Thursday, January 22, 2026, Justice Bahati Mwamuye ruled that Mudavadi’s move to enter into a merger without tabling it as an agenda item at the National Delegates Conference (NDC) was unlawful.
“An order is hereby issued, quashing the purported decision by the respondent allegedly entering into a merger between the Amani National Congress and the United Democratic Alliance,” Justice Mwamuye stated.
Court’s Key Findings
The High Court made several declarations in its ruling:
- Dissolving ANC without consulting its duly registered members is unconstitutional, violating Articles 4(2), 10, 38, and 91 of the Constitution.
- Mudavadi’s actions to transfer ANC party assets to UDA without member involvement are illegal. The court ordered that all assets taken from ANC offices be returned.
- Gazette Notice No. 3440 dated March 2025, which had communicated ANC’s dissolution, was quashed.
- ANC remains a duly registered political party under Kenyan law, with its full registration, status, and legal personality restored.
Mandatory Injunction on Assets
The court issued a mandatory injunction requiring the reversion of any property that may have already been transferred from ANC to UDA. This ruling effectively safeguards ANC’s organizational and financial resources from being absorbed into UDA.
Implications of the Ruling
The judgment reaffirms the constitutional requirement that political party mergers and dissolutions must involve members through formal processes, particularly the National Delegates Conference. It also underscores the judiciary’s role in protecting political rights and ensuring compliance with constitutional provisions governing party operations.
For Mudavadi, the ruling represents a significant political and legal blow, as ANC’s identity and assets remain intact despite his efforts to consolidate the party under UDA.
Conclusion
The High Court’s decision settles the question of ANC’s legal status, affirming that the party was never lawfully dissolved. The ruling restores ANC’s place in Kenya’s political landscape and sets a precedent on the constitutional limits of party mergers, reinforcing the principle that members must be at the center of all major party decisions.
