The High Court in Embu has begun hearing petitions contesting the election of UDA candidate Leo Wa Muthende Njeru as the Member of Parliament for Mbeere North, in a case that has drawn significant public interest following a closely fought by-election.
The matter is before Justice Richard Mwongo, who indicated that the court will reconsider whether to strike out the first petition and proceed solely with Election Petition No. E002 of 2025, a decision that could substantially limit the scope of the case.
Two separate petitions have been filed. The first is by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, while the second was lodged by Newton Kariuki Ndwiga, a candidate in the by-election.
Both petitions seek to nullify the election results and call for a fresh poll.
In Election Petition No. E002 of 2025, the Independent Electoral and Boundaries Commission (IEBC) is named as the first respondent, the Returning Officer as the second respondent, John Mwii Kinyua as the third respondent, and Leo Wa Muthende Njeru as the fourth respondent.
Central to the dispute are allegations of inconsistencies surrounding the identity of the declared winner.
The petitioners claim that Wa Muthende executed a Deed Poll on September 3, 2024, changing his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru, yet only the former name appeared in the voters’ register at the time of the by-election.
They argue that declaring a winner under a name not reflected in the register contravened electoral and constitutional requirements that a candidate must be a registered voter to qualify for election as a Member of Parliament.
The petitioners further accuse the IEBC and the Mbeere North Returning Officer of accepting nomination papers allegedly bearing inconsistent identities.
Wa Muthende, who has since been sworn in as MP, won the by-election with 15,802 votes, narrowly defeating Newton Kariuki Ndwiga of the Democratic Party, who garnered 15,308 votes.
Of the 55,124 registered voters, 33,947 participated, representing a turnout of 61.9 per cent—one of the highest recorded in a by-election.
Justice Mwongo ordered that all election materials, including ballot boxes and ballot papers, be secured at the Embu High Court under tight security as the hearings proceed.
He noted that election laws require the court to determine 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 from both sides gathered at the Embu High Court, with proceedings unfolding in a tense atmosphere reminiscent of the fiercely contested by-election.
