ANC is back! Court restores Mudavadi’s former party, orders UDA to return seized assets
The Prime Cabinet Secretary of Kenya, Wycliffe Musalia Mudavadi, has suffered a blow after the Nairobi High Court declared that his decision to merge the Amani National Congress (ANC) party with the United Democratic Alliance (UDA) is unconstitutional.
Justice Bahati Mwamuye ruled on Thursday, January 22, 2026, that Mudavadi’s decision to enter into a merger between ANC and UDA without tabling it as an agenda item at the National Delegates Conference is unconstitutional, null, and void.
“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 ordered.
Further, the court declared that Mudavadi, the Office of the Registrar of Political Parties, and others dissolving ANC without involving or consulting the duly registered and subscribed members of the party is unconstitutional.
“A declaration is hereby issued that the actions of the respondents in dissolving the Amani National Congress PO without the participation of the registered members of the party violate Articles 4(2), 10, 38, and 91 of the Constitution and are therefore unconstitutional, null, and void,” Justice Mwamuye declared.
Notably, the court ruled that Mudavadi’s actions to transfer ANC party assets to UDA without the involvement of ANC members are illegal and ordered that all assets taken from the party’s office be returned.
“An order is hereby issued in the form of a mandatory injunction for the reversion of any property that may have already been transferred from the ownership of the Amani National Congress to the ownership of the United Democratic Alliance,” the court ordered.
Justice Mwamuye also quashed Gazette Notice No. 3440 dated March 2025, which had purportedly communicated the dissolution of ANC.
“A declaration is hereby issued that the Amani National Congress Political Party remains a duly registered political party under the laws of Kenya, and its full registration, status, and legal personality are hereby restored and recognised as never having been lawfully terminated,” the judge ruled.