Court Rules ANC–UDA Merger Unconstitutional

The High Court has ruled that the merger between the Amani National Congress (ANC) and the United Democratic Alliance (UDA) was unconstitutional, affirming that ANC remains a legally registered political party.

In a judgment delivered on Thursday, January 22, Justice Bahati Mwamuye found that the dissolution of ANC and its merger with UDA failed to meet the constitutional and legal requirements governing the merger and dissolution of political parties.

Consequently, the process was declared invalid.

The court held that ANC continues to exist as a duly registered political party, retaining all its constitutional rights, obligations, and legal protections.

Registrar’s Gazette Notice Declared Invalid 

Justice Mwamuye further declared the Gazette Notice issued by the Registrar of Political Parties formalising the merger unlawful, null, and void.

The court directed the Registrar to immediately comply with the ruling by updating the official register to reflect ANC’s continued existence and formally confirming its legal status.

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Justice Mwamuye further ordered that all assets belonging to ANC be returned to the party’s offices, after it emerged that some of the property had allegedly been transferred to UDA offices following the disputed merger.

The court also issued a strict preservation order barring any transfer, disposal, interference, or tampering with ANC’s assets, effective February 6, 2025.

The ruling prohibited any individual or institution from dealing with the party’s property until full compliance with the court’s directives is achieved.

Leadership Changes that Followed the Merger 

ANC, led by Prime Cabinet Secretary Musalia Mudavadi, had agreed with President William Ruto’s United Democratic Alliance (UDA) to dissolve and merge into a single political outfit, with UDA retaining its legal identity.

The merger was formalised on January 17, 2025, when ANC voluntarily dissolved to create a unified political entity under the UDA banner.

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The Office of the Registrar of Political Parties (ORPP) subsequently announced the dissolution and merger through a Gazette Notice dated March 7, 2025, after which ANC was considered defunct.

Following the merger, President Ruto remained UDA party leader, Deputy President Kithure Kindiki was appointed the first deputy party leader, while a new deputy leader position was created to accommodate Issa Timamy, who had previously served as ANC’s deputy party leader.

ANC Members Challenge Merger in Court 

The legal challenge was filed in March 2025 by a section of ANC members opposed to the merger. The petitioners cited procedural irregularities and alleged violations of Article 91 of the Constitution, including the transfer of ANC assets to UDA offices without proper legal authority.

The ruling comes at a politically sensitive time, as UDA is preparing for a National Governing Council (NGC) meeting and a Parliamentary Group meeting aimed at formalising pre-coalition talks with other parties, including ODM, ahead of the 2027 General Election.

With the court now affirming ANC’s continued existence, its former leadership and party structures are expected to be reconstituted, a development likely to trigger uncertainty within the ruling UDA party.

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Prime CS Musalia Mudavadi and President Ruto during past State House event. PHOTO/CD