The United Democratic Alliance (UDA) has effectively told the High Court to speak to the hand, dismissing a ruling nullifying its merger with ANC as "factually incorrect" and "overtaken by events."

In a brazen display of political jujitsu, the ruling party has shrugged off Justice Bahati Mwamuye’s judgment which declared the dissolution of Musalia Mudavadi’s Amani National Congress (ANC) unconstitutional. While the court ordered the return of assets and the reinstatement of ANC as an independent party, UDA’s response was swift and dismissive. "There was no merger," declared UDA Deputy Party Leader Issa Timamy. "What happened was a voluntary dissolution." This semantic gymnastics signals a deepening constitutional crisis where court orders are treated as mere suggestions by the executive branch.

The High Court's ruling was clear: the process used to fold ANC into President Ruto’s UDA behemoth violated the Political Parties Act. Justice Mwamuye annulled the gazette notice that sealed the deal, effectively resurrecting the ANC from its political grave. For a moment, it seemed like a massive blow to President Ruto’s strategy of creating a single, monolithic ruling party ahead of the 2027 polls. But UDA’s reaction proves that in Kenyan politics, the law is often secondary to power.

The "Overtaken by Events" Defense

UDA’s argument rests on the premise that you cannot divorce a couple that was never married—you can only annul a death certificate. They argue that ANC dissolved itself voluntarily in February 2025, a decision ratified by its own delegates and the Registrar of Political Parties. Therefore, they claim, there is no ANC to "return" assets to.

"The court ruling is a matter that events have overtaken," Timamy stated, essentially telling the judiciary that they are adjudicating ghosts. This stance emboldens the hardliners within the government who view the judiciary as an impediment to the "Bottom-Up" agenda. It also places Prime Cabinet Secretary Musalia Mudavadi in a precarious position—is he the leader of a resurrected ANC, or a senior official in UDA? The government’s silence on his status is deafening.

• The Legal Quagmire: The court ordered the Registrar of Political Parties to reinstate ANC. If the Registrar (a state officer) obeys UDA instead of the court, it triggers a contempt of court showdown.
• The Asset War: The ruling demands the return of all ANC assets. This includes party offices, vehicles, and millions of shillings in political parties’ funds. UDA says these assets were "legally transferred."
• Political Monolith: This battle is fundamentally about Ruto’s desire to avoid the coalition chaos that plagued previous regimes. He wants one party, one command center.

A Crisis of Rule of Law

This standoff is about more than just party logos; it is a stress test for Kenya’s democracy. If a ruling party can simply ignore a High Court order by claiming "alternative facts," the authority of the Judiciary is effectively nullified. As the opposition and civil society watch, the message is clear: The UDA train has left the station, and it has no brakes for court orders.

For the average Kenyan, this political drama is a distraction from the biting cost of living, but it sets a dangerous precedent. When the mighty can ignore the law, the weak have no protection. The ANC might be legally alive, but politically, it is being suffocated by the very partner it sought to embrace.