United Opposition to Challenge Mbeere North, Malava UDA Victories in Court

By John Mutiso

The united opposition coalition has announced plans to file a legal petition contesting the outcome of the recent Mbeere North and Malava constituency by-elections, claiming the contests were marred by interference from senior state officials.

Speaking on Monday, December 8, Advocate Ndegwa Njiru said the team has gathered enough evidence to support its case. 

“We are preparing to go to court at any time for both Mbeere North and Malava because we have a very solid petition,” he said.

Njiru added that their concerns go beyond the declared results, arguing that the Independent Electoral and Boundaries Commission (IEBC) failed to meet expectations in how it handled the polls. 

“Our concern is not only about the outcome of the election, but also about the way the IEBC is preparing to conduct the General Election. They were given a test case, and they miserably failed to meet the expectations of the people,” he added.

Under the Democratic Party (DP) and DAP-K Party, the United Opposition fielded candidates in the Mbeere North and Malava constituencies by-elections.

In Mbeere North, Leo Wamuthende won the by-election with a total of 15,802 votes, defeating Karish, who garnered 15,308 votes.

In Malava, David Ndakwa won the by-election with a total of 21,564 votes, defeating Panyako, who garnered 20,210 votes.

This comes after Wiper Party leader Kalonzo Musyoka while speaking during a service at AIC Mukuni Church in Machakos County, said the coalition intends to move to court armed with what he described as credible proof of tampering and state-influenced manipulation of results.

“William Ruto knows that UDA did not win in Mbeere and UDA did not win in Malava,” Kalonzo told worshippers.

“We have evidence… direct interference.”

He alleged that security officials were pressured during vote tallying, and that some leaders tampered with ballot totals, describing the events as an orchestrated effort to secure victory for government-aligned candidates.

“There was no vote tallying,” he said. “We are going to have a very clear, strong petition.”

Kalonzo, who attended the thanksgiving service alongside Machakos Governor Wavinya Ndeti, Kaiti MP Joshua Kimilu and other opposition leaders, said the coalition will unveil “a very serious approach” to challenge the outcome. He added that the country and the world were watching Kenya’s democratic processes.

“Not just the country — the whole world has been observing Kenya,” he said. “He employed every trick in the book to give an impression… but the whole world knows.”

The leaders were in Machakos to thank voters following Antony Kisoi’s victory in the Mumbuni North ward by-election, which they described as a strong indication of diminishing support for President William Ruto within the region.

Kalonzo further accused the government of voter suppression, intimidation and bribery, asserting that senior public officers took part in the campaigns in breach of election regulations.

“We are going to clearly indicate which ministers were participating at that level… If you are a public officer at that level, you can’t go and do bad things,” he said.

He also referenced a chaos that rocked an event involving Deputy President Rigathi Gachagua on Sunday, questioning the use of tear gas at a religious gathering in Kariobangi.

“You can’t throw tear gas at a church and say people are fighting,” Kalonzo stated. “Kenyans know — they know who betrayed them.”

Despite the tensions, Kalonzo stated that the opposition remained committed to its agenda, listing affordable housing, fair taxation and economic revival as priorities.

“They say we don’t have an agenda — but we do. We spoke of affordable housing. There will be no over-taxation in this country,” he said.