UDA's takeover of ANC challenged in court

Prime Cabinet Secretary Musalia Mudavadi chats with President William Ruto during a political rally at Nyayo Stadium on August, 06, 2022. [File, Standard]

President William Ruto’s party takeover of Prime Cabinet Secretary Musalia Mudavadi’s political vehicle might not be a walk in the park.

This is after a court battle was lodged to challenge the Amani National Congress (ANC) folding process.

ANC dissolved to join the United Democratic Alliance (UDA).

Mudavadi, who is the party leader and officials- Omboko Milemba (Secretary General), Issa Timamy, Kelvin Lunani, and the registrar of political parties Ann Nderitu have been sued for allegedly defying ANC members will not join UDA.

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

Mutoro claimed to be an ANC Silver Life member.

READ: Merger or takeover? Inside ANC-UDA deal

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 the UDA.

Mutoro, in his case filed before the High Court, 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 the case, Tali argued that the party’s constitution requires that the quorum for a National Delegates Conference (NDC) be 50 percent of the members.

He further said that two-thirds of the NDC members should support the motion to fold the party.

He alleged that 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 a 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.

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

Mutoro said ANC members were aggrieved and suffering.

He wants the court to suspend the transfer of ANC assets to UDA until the case is heard and determined.

At the same time, he is seeking an order to freeze Nderitu’s gazette notice.

“Democracy, Multi-partyism and Political rights in Kenya were fought for, not just by sweat but by blood. Countless Kenyans endured untold suffering and others lost their lives, in the quest for a democratic country, governed by the rule of law,” he said.