United Opposition leaders, led by former Deputy President Rigathi Gachagua (center), DAP-K Party leader Eugene Wamalwa (left) and Wiper party leader Kalonzo Musyoka (right), address the media at SKM command center in Nairobi on November 3, 2025.
The Mbeere North and Malava by-elections, where President William Ruto’s United Democratic Alliance (UDA) narrowly defeated the United Opposition, is now headed to court.
At a memorial service for Democratic Party (DP) founding member Joseph Munyao in Nairobi on Tuesday, party leaders Kalonzo Musyoka (Wiper Democratic Front), Martha Karua (People’s Liberation Party) and Eugene Wamalwa (Democratic Action Party-Kenya) faulted the mini-poll results.
Mr Musyoka noted that as Mr Munyao is being buried, he would have been proud that the DP party, which he once led, had re-captured Mbeere North.
Wiper Party leader Kalonzo Musyoka makes his remarks during the memorial service of the late former Cabinet Minister Joseph Munyao held at Nairobi Baptist Church on December 02, 2025.
“I want to, in my own view, say DP did not lose in Mbeere North, so that Konzollo will rest in peace. It was something else, but that is [not to be said] because I take the counsel seriously by our pastors [not to politic in church],” he noted at the function held at the Nairobi Baptist Church.
“[In Mbeere and Malava, and all these by-elections, something was terribly wrong,” said Ms Karua.
Peoples Liberation Party of Kenya leader Martha Karua makes her remarks during the memorial service of the late former Cabinet Minister Joseph Munyao held at Nairobi Baptist Church on December 02, 2025.
In Mbeere North, the contest saw Leonard wa Muthende of UDA defeat Democratic Party (DP) candidate Newton Karish by a margin of 494 votes after garnering 15,802 votes against Mr Karish’s 15,308.
In Malava, UDA candidate David Ndakwa won with 21,264 votes against his closest challenger, Seth Panyako of DAP-K.
“We do not want to reveal much at this juncture, but it should be made very clear that we are challenging the outcome in court. We cannot stand by while the government seeks to make us believe we are hopeless and helpless in the face of electoral thuggery facilitated by civilian thugs and complicit police, DP leader Justin Muturi told Nation.
Democracy for Citizens Party (DCP) head of strategy, Dr Peter Mbae, said on December 1, 2025, that a team of 15 lawyers has already been assembled to prepare the court case.
“We do not need more than five answers from our court challenge. We intend to deconstruct the Mbeere North by-election and persuade the court not to rubber-stamp democracy thuggery executed in blatant disregard for civility, the rule of law, and morality,” he said.
Dr Mbae outlined five critical questions forming the foundation of the litigation.
“Was our opponent Leonard Njeru or Leonard wa Muthende? We have valid reasons to believe that UDA fielded an imposter—or at least altered identities—to compete against eight other candidates, including our DP candidate,” he said.
Suba North MP Millie Odhiambo (right) and Majority Leader in the National Assembly Kimani Ichung’wah (left) with Mbeere North MP-elect Leonard wa Muthende before his swearing-in at the National Assembly on December 2, 2025.
The candidate’s name change, documented in Kenya Gazette No 195 of September 19, 2025 (Notice 13575), occurred amid a corruption scandal at Kenyatta National Hospital under investigation by the Ethics and Anti-Corruption Commission (EACC). The opposition claims the renaming was intended to distance the candidate from the controversy and legitimise his candidacy.
The Opposition will also contest voter eligibility with Dr Mbae saying the opposition has witness statements suggesting that non-residents of Mbeere North were facilitated to vote in the by-election.
Democratic Citizens Party (DCP) party leader Rigathi Gachagua makes his remarks during the memorial service of the late former Cabinet Minister Joseph Munyao held at Nairobi Baptist Church on December 02, 2025.
New voter registrations will also be considered, with the opposition investigating whether any new voters were illegally registered in the constituency, which is prohibited during a by-election.
They will also contest the conduct of government officials, claiming several Cabinet Secretaries, including Public Service’s Geoffrey Ruku and Land CS Alice Wahome, are alleged to have interfered with the electoral process.
Also to be contested is the credibility of IEBC. The opposition questions whether the current Independent Electoral and Boundaries Commission (IEBC) is capable of managing free and fair elections leading up to 2027.
“We will demand answers in court, not through media statements or letters,” Dr Mbae said.
Mr Muthende welcomed the planned petition.
“If they want to go to court, that is okay. My lawyer is ready to engage them. I was the victim of electoral malpractices perpetrated by the opposition. They should not play the victim. I have evidence, including videos, and we can resolve this in court if they choose to proceed,” he said.
Jubilee Party Deputy Leader Dr Fred Matiang’i warned that recurring electoral disputes could escalate political tensions.
Landslide win
Laikipia East MP Mwangi Kiunjuri dismissed the opposition’s court challenge as an emotional reaction.
“This is like a dying horse kicking its last. It is a drowning opposition clinging to straws. We will assemble more than 50 lawyers to defend the Kenya Kwanza Alliance's win in Mbeere North,” he said.
Mr Kiunjuri criticised opposition leader Rigathi Gachagua for allegedly inflating expectations of a landslide win.
“Politics is not a church service or a wedding. Losing simply shows your weakness in the game,” he remarked.
At the church service, Mr Munyao was eulogised as a loyal politician.
“Joseph Munyao was a true friend of Mzee Mwai Kibaki, the very best president Kenya has ever had,” said Mr Gachagua. “As we honour him, as we bury him, let’s be true people to friendship. Let’s be consistent. If you choose a path, stick to it from the beginning to the end because that dignifies you as a person, as a leader,” said Mr Gachagua.
Mr Muturi, who took over the DP leadership from Mr Munyao, led an event where a party’s flag was laid atop the coffin.
Democratic Party of Kenya (DP) leader Justin Muturi makes his remarks during the memorial service of the late former Cabinet Minister Joseph Munyao held at Nairobi Baptist Church on December 02, 2025.
“He gracefully handed over to me the leadership in 2021 and early 2022, and in his own volition, agreed to continue serving the party in the capacity of the patron,” said Mr Muturi.
Munyao was a businessman and politician who represented Mbooni in Parliament between 1975 and 1979; then 1983 to 1988; and 2002 to 2007. Between 1998 and 2002, he was a nominated Member of Parliament.
During his 2002-2007 stint, he was also the Minister for Livestock and Fisheries Development, where he spearheaded the revival of the Kenya Meat Commission after a 15-year hiatus.
Besides politics, he was also involved in business, through Kiatu Limited, Plastic Products (K) Ltd, Kalawa Mini Budget Store, Munyao Investments, Big Deal Company, among others.
Family members mourned Mr Munyao, who died aged 85 on November 22, as a man who had time for his relatives even with his busy life. They also did not miss the fact that his wife died only last year.
He will be buried on Thursday in Kalawa, Makueni County.
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