This archive report was first published on 24 August 2020.
Kenya's registrar of political parties, Ann Nderitu, has dealt a major blow to Musalia Mudavadi's bid for total control of the Amani National Congress (ANC) party by blocking its attempt to alter its constitution.
The move comes after the party notified the public of the proposed change on August 6, 2020, but failed to comply with the necessary procedures.
According to Section 20 of the Political Parties Act, a fully registered political party must notify the registrar of its intention to change or amend its constitution, rules, and regulations, and publish the notice in at least two daily newspapers with nationwide circulation.
However, the ANC party published the notice in only one newspaper, flouting Section 202 (2) of the Act, and also failed to include the party's logo on the notice.
Ms. Nderitu's decision has exposed the ANC's legal team, which had already sworn in Musalia Mudavadi as the party leader under the new constitution for the next five years.
ANC members who had taken oath of office as part of the Amani Council, a new organ created by the new constitution, are also affected by the decision.
ANC's National Executive Committee (NEC) member, Angela Gathoni, had objected to the registrar's decision, arguing that the process of gazetting the changes was contrary to the law.
