NAIROBI, Kenya, Jan 23 – The United Democratic Movement (UDA) says the recent High Court ruling on the voluntary dissolution of the Amani National Congress (ANC) party has been overtaken by events.
In a statement, deputy party leader Issa Timamy indicated that all of ANC’s assets have been legally transferred.
Timamy insisted that no formal merger exists between the two parties, asserting that the voluntary dissolution and asset transfer were conducted in accordance with legal procedures.
“I would like to state categorically that the court ruling on the purpoted ANC-UDA merger is a matter that events have overtaken,” he stated.
“What was done was a voluntery dissolution of the ANC party by its members and therefore, the matter of the ANC Party having merged with UDA is with respect not factual.”
The High Court on Thursday ruled that ANC’s dissolution was unlawful and unconstitutional, declaring that the political party remains legally registered and fully recognised under Kenyan law.
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.
