The High Court ruled that the purported resolution to dissolve ANC was unlawful and unconstitutional, effectively confirming that the party remains legally in existence.
Justice Bahati Mwamuye found that the process used to dissolve the party violated the Constitution and failed to meet the strict legal requirements governing the dissolution of a registered political party.
According to the court, political parties enjoy constitutional protection and cannot be disbanded through informal or irregular resolutions that do not follow the law.
The ruling comes amid internal political realignments linked to ANC’s association with the ruling coalition and ongoing discussions around party mergers.
In the same judgment, Justice Mwamuye also dealt a blow to President Ruto’s administration over the appointment of advisers outside the established government structure.
The court found that President Ruto violated the Constitution by appointing 21 advisers whose roles were not anchored in law or approved government frameworks.
Justice Mwamuye ordered the Public Service Commission to immediately halt the payment of salaries and benefits to the advisers.
The judge further directed that all offices created outside the formal government structure since 2022 be subjected to a comprehensive audit.
The ruling raises serious questions about executive overreach and the growing size of the advisory team around the presidency.
Legal experts say the decision reinforces constitutional limits on presidential appointments and public expenditure.
The judgment is expected to have political and administrative implications for both President Ruto and Mudavadi, especially as debates continue over governance reforms and party realignments.
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