Chief Justice Martha Koome has appointed Justice Richard Mwongo to hear a High Court petition challenging the election of Mbeere North Member of Parliament Leo Wamuthende, setting the stage for a legal battle over the outcome of the closely watched by-election held late last year.
In a Gazette notice published on Friday, January 2, the Chief Justice directed that the matter be heard at the Embu High Court, which has been designated as the Election Court for the Mbeere North Constituency petition.
The case arises from the November 27 by-election, a hotly contested race that pitted President William Ruto’s United Democratic Alliance (UDA) against the Democracy for Citizens Party (DCP), associated with former Deputy President Rigathi Gachagua. UDA’s candidate, Leo Wa Muthende, was declared the winner, but his victory was quickly challenged in court.
Two voters filed the petition on December 4, seeking to have the election results nullified and a fresh poll ordered. They argue that the process that led to Wa Muthende’s election was flawed and did not meet the legal threshold set out in Kenya’s electoral laws.
At the heart of the dispute is the candidate’s name. According to the petitioners, Wa Muthende changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru ahead of the by-election, but the change was not properly reflected in the Independent Electoral and Boundaries Commission (IEBC) register. They contend that the IEBC erred by clearing and declaring him the winner despite the alleged inconsistency.
The petition also raises questions about Wa Muthende’s voter registration status at the time of the election. The petitioners claim he was not a registered voter, an allegation which, if upheld, would amount to a serious breach of the law, as all candidates are required to be duly registered voters.
Justice Mwongo’s appointment clears the way for the case to be heard and determined, with the court expected to examine whether the alleged irregularities were substantial enough to affect the outcome of the by-election.
Separately, Chief Justice Koome also announced changes to key judicial committees under the National Council on the Administration of Justice (NCAJ), moves aimed at strengthening coordination and oversight within the justice sector.
In new appointments made on December 11, 2025, Judy W. Gikaru from the Kenya Prisons Service, as well as Hillary Kimaiyo and Alex Ngunjiri from the National Police Service, were named to the NCAJ Working Committee on Information, Communication and Technology (ICT) for the remainder of its term. They replace Anthony Mbuvi, Terah Chadenya, Joseph Nduati and Samuel Mwilu.
In another change, Mary Aluvisia Kihamba of the National Transport and Safety Authority (NTSA) was appointed to the NCAJ Committee on Traffic Reforms, taking over from Judith Opili. The committee plays a key role in shaping policies on road safety and traffic management across the country.
