NAIROBI, Kenya Jan 22 – The High Court has ruled that the dissolution of the Amani National Congress (ANC) was unlawful and unconstitutional, declaring that the political party remains legally registered and fully recognised under Kenyan law.
In a judgment delivered on Thursday, the court found that the resolution allegedly passed to dissolve the party failed to meet the constitutional and statutory requirements governing the disbandment of a registered political party.
The court held that the process violated the Constitution and relevant provisions of the Political Parties Act.
As a result, the court ruled that ANC’s legal personality was never extinguished and that the party continues to exist with full legal standing.
The court further invalidated a Gazette Notice issued by the Registrar of Political Parties which had sought to formalise the party’s dissolution, declaring the notice unlawful, null and void, and without any legal effect.
To enforce compliance with the ruling, the court issued an order of mandamus directing the Registrar of Political Parties to immediately take corrective action, including updating the official register to reflect ANC’s continued existence and formally communicating the party’s lawful status to all relevant institutions.
In addition, the court issued orders restraining any transfer, disposal, or interference with ANC’s assets, effective from February 6, 2025. The order bars any individuals or entities from dealing with the party’s property until full compliance with the court’s directives is achieved.
The court emphasised that ANC retains all rights, obligations and protections accorded to registered political parties under the Constitution and applicable statutes.
However, the court also granted a temporary stay of execution of the judgment for 45 days, allowing parties time to pursue any further legal remedies, including possible appeals, before the orders take full effect.
The ruling is expected to have significant political and legal implications, particularly in the context of party mergers, defections and re-alignments ahead of the 2027 General Election.
The Office of the Registrar of Political Parties has officially gazetted the dissolution of the Amani National Congress (ANC), culminating a decade tenure in the political arena.
According to an official gazette notice dated March 7, 2025, the office of the Registrar of Political Parties indicated that the party resolved to dissolve voluntarily following its Special National Delegates Congress held on February 7, 2025.
“Under sections 9 and 34C of the Political Parties Act, Cao 7D and Paragraph 22 of the Second Schedule to the Political Parties Act, it is notified for the information of the general public that ANC at its Special National Delegates Congress of Friday February 7, 2025 resolved to voluntarily dissolve in line with the ANC Party constitution,” read the notice in part.
The party has been associated with Prime Cabinet Secretary Musalia Mudavadi, who ceded the party leadership to Lamu Governor Issa Timamy.
