Court Declares Mudavadi’s ANC Illegally Dissolved

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The High Court has ruled that the attempted dissolution of Amani National Congress was unconstitutional, nullifying a Gazette Notice and affirming the party’s legal existence.
Prime Cabinet Secretary Musalia Mudavadi. Photo courtesy

NAIROBI, Kenya — The High Court has ruled that the purported dissolution of the Amani National Congress (ANC) was unlawful and unconstitutional, affirming that the political party remains legally in existence.

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 dissolution of registered political parties.

The judge held that the move violated the Constitution, rendering the process invalid and incapable of extinguishing the party’s legal status.

As a result, the court declared that ANC’s legal personality remains intact and fully recognised under Kenyan law, with all attendant rights and protections preserved.

The court further quashed a Gazette Notice issued by the Registrar of Political Parties that purported to formalise the party’s dissolution, terming it unlawful, null and void.

In addition, the court issued an order of mandamus compelling the Registrar to immediately comply with the judgment by updating the official register of political parties to reflect ANC’s continued existence and formally communicating its lawful status.

To safeguard the party’s interests, the court also barred any transfer, disposal or interference with ANC’s assets with effect from February 6, 2025.

The order restrains any individuals or entities from dealing with the party’s property pending full compliance with the court’s directives.

The ruling effectively restores ANC’s standing as a duly registered political party, reaffirming that it remains subject to the Constitution and applicable laws governing political organisations in Kenya.

The execution of the judgement has been stayed for a period of 45 days.

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