President William Ruto and Prime Cabinet Secretary Musalia Mudavadi face a major political crisis following Thursday’s High Court decision that their parties’ merger violated constitutional procedures.
The ruling strikes at the heart of their 2027 electoral strategy, which hinged on combining UDA’s national machinery with ANC’s Western Kenya base under one political vehicle.
Justice Bahati Mwamuye declared the dissolution of the Alliance for National Change unconstitutional, ordering the immediate restoration of the party along with all assets and property already transferred to the United Democratic Alliance.
The judgment exposes critical flaws in how the merger was executed.
According to court documents, the meeting that approved ANC’s dissolution lacked proper constitutional authority.
Consumer Federation of Kenya Secretary General Stephen Mutoro, who challenged the process, argued he held legitimate claim to party leadership but was excluded from deliberations.
The timing compounds an existing headache for the coalition.
Since December, when Alur MP Joseph Denar passed away, officials have been paralyzed over which party list should guide his replacement.
Internal documents reviewed by this publication reveal intense behind-the-scenes wrangling between UDA and ANC camps over the nomination process.
ANC’s list positions diplomat Petronila Were as next in line, followed by former elections board chairman Salim Busaidy.
However, Were’s posting as deputy mission head in Addis Ababa complicates matters, making Busaidy the practical choice.
UDA pushed to use its own list before both sides reached a tentative agreement favoring ANC’s roster.
Yet legal uncertainty about implementation remained unresolved as Monday’s IEBC submission deadline passed.
“There’s genuine concern that nominating from ANC’s list will trigger court challenges,” explained a coalition insider who requested anonymity.
“And if Busaidy gets nominated, which party does he represent? We’re stuck in legal limbo.”
UDA has formally requested IEBC guidance on the matter.
Sources close to Parliament indicate the leadership may seek judicial interpretation if the electoral body fails to provide clear direction.
The court decision raises fundamental questions about coalition governance.
Lamu Governor Issa Timamy had been presented as ANC party leader during the merger ceremony, alongside UDA chairperson and Embu Governor Cecily Mbarire.
That process now stands invalidated, forcing both principals to reconsider their approach to Western Kenya politics ahead of the next general election.
Political analysts suggest three possible paths forward: attempting a properly constituted merger that meets legal standards, maintaining a traditional coalition agreement without full integration, or accepting a potentially divided Western region vote.
The ruling also energizes opposition voices within both parties who questioned the merger’s wisdom from the start.
Several ANC members had privately expressed concerns about losing their party’s distinct identity.
For Ruto, the setback comes amid broader coalition management challenges.
For Mudavadi, it raises questions about his influence in delivering Western Kenya as a consolidated bloc.
Both leaders have yet to comment publicly on the judgment or outline their next steps.
