The High Court in Embu has commenced hearings into petitions challenging the election of UDA candidate Leo Wa Muthende Njeru as the Member of Parliament for Mbeere North, in a case that has attracted heightened public attention after a tightly contested by-election.
The matter is being heard before Justice Richard Mwongo, who said the court will revisit whether to strike out the first petition and proceed only with Election Petition No. E002 of 2025, a move that could narrow the scope of the dispute.
Two separate petitions are before the court. One was filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, while the second was lodged by Newton Kariuki Ndwiga, who was also a candidate in the by-election.
The petitions seek to nullify the results and compel a fresh election.
In Election Petition No. E002 of 2025, the Independent Electoral and Boundaries Commission (IEBC) is the 1st respondent, the Returning Officer the 2nd respondent, John Mwii Kinyua the 3rd respondent, while Leo Wa Muthende Njeru is listed as the 4th respondent.
At the centre of the dispute are claims of inconsistencies in the identity of the declared winner.
The petitioners argue that Wa Muthende executed a Deed Poll on September 3, 2024, changing his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru, but that only the former name appeared in the voters’ register at the time of the by-election.
They contend that declaring a winner under a name not reflected in the register violated electoral and constitutional requirements that a candidate must be a registered voter to qualify for election as an MP.
The petitioners have also accused the IEBC and the Mbeere North Returning Officer of accepting nomination documents allegedly bearing inconsistent identities.
Wa Muthende, who has since been sworn in as MP, won the by-election with 15,802 votes, narrowly edging out Newton Kariuki (Karish) of the Democratic Party, who received 15,308 votes.
Out of 55,124 registered voters, 33,947 cast their ballots, translating to a 61.9 per cent turnout, one of the highest recorded in a by-election.
Justice Mwongo directed that all election materials, including ballot boxes and ballot papers, be secured at the Embu High Court under tight security as the hearing continues.
He noted that election laws require the court to conclude the matter within 60 days, setting May 28 as the deadline for delivery of judgment.
Security was heightened in and around the court as supporters of both sides thronged the Embu High Court, with the proceedings unfolding in a tense atmosphere reminiscent of the fiercely contested by-election.
