High Court rules attempt to dissolve ANC unconstitutional

The High Court has ruled that the alleged resolution to dissolve the Amani National Congress (ANC) was unlawful and unconstitutional, affirming that the party continues to exist legally.

The court found that the purported decision to disband the party contravened the Constitution and failed to satisfy the legal requirements for dissolving a registered political party.

“A declaration be and is hereby issued that the Amani National Congress remains a duly registered political party under the laws of Kenya and its full registration status and legal personality are hereby restored,” Judge Bahati Mwamuye ruled.

The court ruled that the Gazette Notice issued by the Registrar of Political Parties, which purported to dissolve Amani National Congress, was unlawful, null, and void.

It consequently issued a mandamus order directing the Registrar to take immediate steps to comply with the judgment, including updating the official register to reflect that Amani National Congress continues to exist and formally recognising its lawful status.

Further, the court prohibited any transfer, disposal, or interference with the party’s assets from February 6, 2025, until full compliance with the court’s orders, restraining all individuals and entities from dealing with the party’s property.

The ruling confirms that Amani National Congress remains a duly registered political party, retaining all rights, obligations, and protections under the Constitution and relevant laws.

The decision comes nearly a year after the Office of the Registrar of Political Parties gazetted the dissolution of ANC following its merger with the ruling United Democratic Alliance (UDA), a move that had been publicly defended by Prime Cabinet Secretary Musalia Mudavadi as politically necessary and legally sound.

Mudavadi had argued that folding ANC into UDA would consolidate his position within the Kenya Kwanza coalition and ensure that all pre-2022 General Election agreements remained valid and binding through to 2027.

At the time, Kenya Kwanza leaders issued statements reaffirming coalition unity and dismissing speculation that the merger would destabilise the alliance.

They maintained that the dissolution of ANC had been formally ratified in accordance with the Political Parties Act and was intended to strengthen cohesion as the country moves towards the 2027 General Election.

The Registrar of Political Parties at the time, Anne Nderitu, subsequently published a Gazette Notice dated March 7, declaring ANC dissolved.

The notice cited Sections 9 and 34C of the Political Parties Act and paragraph 22 of the Second Schedule, stating that the ANC “stands dissolved” and would cease to exist as a registered political party.

However, the High Court found that the alleged resolution to dissolve the ANC did not meet constitutional and statutory thresholds.

Justice Bahati Mwamuye held that the process was unlawful and could not extinguish the party’s legal personality.

In invalidating the Gazette Notice, the court found that the process relied upon by the Registrar did not meet the legal requirements for dissolving a political party.

“An order of mandamus is hereby issued compelling the Registrar of Political Parties to take all necessary administrative steps to give effect to the declarations issued by this court, including updating the register of political parties to reflect ANC’s active status, removing any record of its dissolution, and communicating its restoration to all relevant state organs," the judge ordered.