Reprieve for Mudavadi as court thwarts ANC-UDA merger

Prime Cabinet Secretary Musalia Mudavadi addresses supporters during ANC rally in Kisii on May 4, 2022. [File, Standard]

President William Ruto’s party takeover of the Prime Cabinet Secretary Musalia Mudavadi’s political vehicle was in vain.

This is after High Court Judge Bahati Mwamuye on Thursday revived Amani National Congress Party (ANC), by declaring that the dissolution violated the party’s constitution and the Constitution of Kenya.

He also quashed the gazette notice, which spelt the death of the Mudavadi party, adding that the party organs should immediately be reinstated.

Justice Mwamuye directed the registrar of political parties to have ANC in her records as an active party, with membership, while at the same time, barred the party officials from either alienating or selling off its assets.

He said that the meeting held by the party’s National Delegates Congress on February 7, 2025, was a violation of the party members’ rights to participation.

“A declaration is hereby issued, that the convening of the special meeting of the National Delegates Congress, of the Amani National Congress, on 7 February 2025, all resolutions purportedly passed therein, including the resolution, to dissolve the party, and to transfer its assets and liabilities were conducted in violation of the Constitution of Kenya, 2010, the political parties act, and the registered Constitution of the Amani National Congress Party,” ruled Justice Mwamuyte.

Mudavadi, who is the party leader and officials- Omboko Milemba (secretary general), Issa Timamy, Kelvin Lunani, and the registrar of political parties were accused of defying ANC members’ will not to join UDA.

Steve Mutoro, who also cited UDA as an interested party, argued that the special general meeting held to dissolve the party was a sham because it did not meet the quorum required by law.

He said he is an ANC silver life member.

At the same time, he stated that the officials sent notice barely 15 hours before the meeting, which he stated was meant to rubber-stamp the decision to join UDA.

Mutoro, further claimed that a well-orchestrated scheme completely shielded the party membership from participating in the purported decision to dissolve the party.

According to him, the registrar was aware that due process was not followed but went ahead to gazette the dissolution.

“Despite this mockery to our constitutional order that National Delegates Conference and the entire scheme was, the 5th Respondent endorsed it and subsequently Gazette the Dissolution of the Amani National Congress through Gazette Notice No. 3449 dated 7th March 2025,” said Mutoro in his case filed by lawyer Tali Israel Tali

In this case, Tali argued that the party’s constitution requires that the quorum for a National Delegates Conference (NDC) be 50 per cent of the members.

The Consumer Federation of Kenya (Cofek) Secretary General said that two-thirds of the NDC members should support the motion to fold the party.

He alleged no voting was done during the Bomas meeting.

“While the ANC party’s constitution requires that more than two-thirds of the members present at the National Delegates Conference endorse the resolution to dissolve the party, no voting was undertaken,” said Tali.

Tali argued that Nderitu’s decision had locked out all chances of the aggrieved ANC members challenging any move to dissolve the party before the Political Parties Dispute Tribunal (PPDT).

He said that it was unclear how assets and money held by the party would be shared to its members.

“Members of the party are also apprehensive that their property in terms of the Assets of the ANC party in which they collectively had an interest in will be transferred to the UDA Party without any regard to constitutional and statutory dictates,”  he claimed.

In his supporting affidavit, Mutoro argued that ANC members were unaware whether the party was merging or dissolving.

According to him, the initial announcement was that both parties would merge, meaning  UDA and ANC would form a new entity.

However, he said, there was no motion or subsequent information on whether the party would fold to join the President’s one.

Ms Nderitu gazetted ANC dissolution on March 15, 2025.

Mutoro on his end asserted that this was done without public participation. He asserted that the process was illegal, null and void.

“The question of merger with the United Democratic Party was never and has never been presented for deliberation before the membership of the ANC party. Even in the sham National Delegates Conference, the question of merger with the UDA Party, was not on the agenda. Whereas part of the agenda was transferring the assets of the ANC party to the UDA party, there was no express agenda of merger,” he claimed.

After a decade of existence, ANC was swallowed by UDA. The takeover was initially said to merger between the two coalition partners, but the party was dissolved.

Mutoro said ANC members were aggrieved and are suffering.

In their response, the ANC officials argued that the process was above board, as they followed the party's constitution to the letter. They also argued that Mutoro had not exhausted all the channels of dispute resolution before going to court.