The High Court sitting in Embu has upheld the election of Leonard Wamuthende Njeru as the duly elected Member of Parliament for Mbeere North, bringing to a close a petition that challenged the credibility of the 2025 by-election.
Delivering the judgment, Justice Richard Mwongo dismissed the petition filed by rival candidate Newton Kariuki Ndwiga, finding that although the court established a number of electoral irregularities during scrutiny, the petitioner failed to demonstrate that the violations were substantial enough to affect the final outcome of the poll.
“Having concluded the hearing of the election petition, I certify that the petition was dismissed and the fourth respondent (Leo Wamuthende) remains the duly elected Member of Parliament for Mbeere North constituency. This information is transmitted to the Speaker of the National Assembly,” Justice Mwongo ruled.
The petition named the Independent Electoral and Boundaries Commission (IEBC), the returning officer John Mwii Kinyua, Curtis Njeru Mawira, and Wamuthende as respondents. Ndwiga had sought to overturn the election results, alleging widespread irregularities, voter manipulation, and procedural breaches during the November by-election.
Among the issues raised before the court were claims of voter register anomalies, discrepancies in assisted voting, alterations of statutory forms, voter bribery, violence at polling stations, exclusion of agents, and mishandling of electoral materials.
In response to the allegations, the court ordered a limited scrutiny and partial recount in selected polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, Gikuyari Primary School, Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1 and Cingera 2/2.
During the scrutiny exercise, the court found that Regulation 72(6) of the Elections (General) Regulations had been breached in relation to 1,072 assisted voters whose details were not properly recorded in the prescribed physical register. The court also established that six individuals unlawfully assisted more than one voter, contrary to electoral regulations.
However, Justice Mwongo noted that despite the proven breaches, the court could not establish which candidate benefited from the assisted votes, and therefore the irregularities did not meet the legal threshold required to nullify the election.
“The decisive question is not whether each irregularity was individually pleaded, but whether the election taken as a whole complied with constitutional and statutory standards,” the judge stated.
On allegations of bribery, the court found that while there was evidence suggesting instances of electoral malpractice involving a few witnesses, it was not demonstrated that the conduct was widespread or influential enough to substantially alter the outcome of the election.
Similarly, claims of violence and disruption—particularly incidents reported at Kaungu polling station and parts of Gitiburi—were acknowledged by the court. However, the judge held that the petitioner failed to prove that the disturbances materially affected the final results.
Justice Mwongo further observed that although isolated irregularities were established, including a broken chain of custody for electoral materials and limited unlawful alterations of voter records, the overall conduct of the election substantially complied with constitutional requirements.
Consequently, the petition was dismissed with costs capped at Sh4 million. The court awarded 70 per cent of the costs to the first, second, and third respondents, while the fourth respondent was awarded 30 per cent.
The judge also indicated that a report had been prepared under Section 87 of the Elections Act, highlighting electoral malpractices of a criminal nature for further action by relevant authorities.
