The long-standing ownership dispute over the Devolution Empowerment Party (DEP), also known as “Mbus,” has taken a significant turn after a High Court ruling in Kericho allowed lawyer Milton Mugambi Imanyara to organize a delegates’ convention to elect interim officials.
This ruling follows an extended and intense battle between former Meru Governor Kiraitu Murungi, who had recently claimed leadership, and Imanyara, the party’s secretary-general, who holds a documented 2021 agreement that solidifies his acquisition of the party.
In 2021, Imanyara acquired the DEP (originally registered as the Restore and Build Kenya Party) from its principal officials Charles Jakait Sangalo and Solomon Onyango Ouko, through a formal agreement. The document, which details a KES 5 million payment in exchange for complete control and access to all official party instruments, made no mention of Murungi.
Despite this, Murungi has consistently asserted his ownership, citing his role in shaping DEP’s vision. Yet the document underscores that only Imanyara was party to the transaction, leaving no legal basis for Murungi’s claims.
The leadership feud escalated after Murungi’s return to the DEP leadership spotlight. In May 2024, the party gazetted a new leadership list, with Murungi declared party leader, signaling an attempt to formalize his control.
However, Imanyara swiftly contested Murungi’s involvement, citing his dual roles as chairman of the National Oil Corporation of Kenya (NOCK) and a commissioner in the Kenya Law Review Commission, which barred him from holding party office.
Consequently, Murungi abruptly resigned from the party on June 30, 2024, following legal notices served by Imanyara challenging his eligibility.
The conflict continued, with Imanyara seeking to solidify his position by calling a special National Delegates’ Convention (NDC) in July 2024.
This attempt, however, was halted by the Political Parties Disputes Resolution Tribunal (PPDRT), following a petition by DEP official Pamela Gakii and others who argued that Imanyara lacked NEC authorization.
Aggrieved by this interference, two party delegates, Solomon Chepngeny and Everton Khaemba, filed a constitutional petition challenging the tribunal, the Registrar of Political Parties, and the DEP National Executive Committee, accusing them of marginalizing certain party members and violating democratic principles.
In a landmark decision, High Court Justice Sergon declared the tribunal’s orders, which had blocked the July convention, unconstitutional.
The court also quashed a Gazette Notice issued in May that had listed the new leadership changes, and found that Gakii was not, in fact, a DEP member.
Justice Sergon ruled that the expulsion of Imanyara as secretary-general was unconstitutional, and directed him to proceed with a special National Delegates Convention (NDC) to appoint interim officials within 30 days from October 30, 2024. These interim officials will oversee the election of permanent national party officials.
Imanyara expressed satisfaction with the High Court’s ruling, which reaffirms his 2021 acquisition agreement and his authority within the DEP. “I do not understand why officials would oppose a delegates’ meeting to elect their officials,” Imanyara stated, urging party members to participate in the upcoming convention.
The court ruling firmly establishes Imanyara’s leadership and legal rights, discrediting Murungi’s claims of ownership and ending months of factional infighting. With the upcoming NDC, DEP members are set to chart a new direction for the party, and Imanyara’s position as secretary-general stands validated by both the 2021 acquisition agreement and recent judicial reinforcement.
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