The plot to swallow Kenya’s multi-party democracy into a single monolithic machine has hit a judicial brick wall. In a landmark ruling that will echo through the corridors of power, the High Court has declared the attempted dissolution of the Amani National Congress (ANC) unconstitutional.

Just weeks after a splinter faction aligned with the ruling coalition attempted to fold the party founded by Musalia Mudavadi into the United Democratic Alliance (UDA), the court has slammed the brakes. The three-judge bench ruled that a political party is not the personal property of its officials to be traded or merged at will, but a public institution owned by its members.

"A Violation of Article 38"

The judges argued that the forced dissolution violated Article 38 of the Constitution, which guarantees the right to form and participate in political parties. "To allow a boardroom coup to dissolve a parliamentary party without a comprehensive, grassroots referendum of its members is to erode the very foundation of our multi-party state," the judgment read.

This ruling is a lifeline for the ANC faithful who feared their identity was being erased for political expediency. It also sets a rigorous precedent for any future mergers.

The Implications for 2027

• The Merger Mania Stops: This ruling effectively kills the "one big party" strategy that was being pushed to consolidate votes ahead of the next election cycle.
• Strict Proof Required: Drawing from the recent "party hopping" jurisprudence, the court emphasized that any structural change requires strict adherence to the Political Parties Act. You cannot merge what you do not fully own.
• Mudavadi’s Leverage: The decision strengthens the hand of the ANC leadership, giving them legal backing to resist absorption and negotiate as equal partners rather than subjects.

Today, the Judiciary has reminded the political class that efficiency cannot override democracy. The ANC survives to fight another day, and with it, the spirit of political pluralism in Kenya remains—for now—intact.