Major Win for Leonard Wamuthende as Court Upholds His Mbeere North By-Election Victory

Kenya, 21 May 2026 - The High Court in Embu has upheld the outcome of the Mbeere North by-election after dismissing a petition challenging the victory of the declared winner.

In a judgment delivered by Justice R. Mwongo ruled that petitioner Newton Kariuki Ndwiga failed to prove claims of electoral irregularities and unlawful conduct by the Independent Electoral and Boundaries Commission (IEBC).

The petition had named IEBC, John Mwi Kinyua, Curtis Njeru Mwaira and Njeru Leo wa Muthende as respondents, with Mr Muthende having been declared the winner of the by-election.

Mr Ndwiga had asked the court to nullify the election, arguing that it was unconstitutional, illegal and failed to meet statutory and regulatory standards.

He alleged there was violence during polling, malfunctioning election technology and a broken chain of custody for election materials, claims he said compromised the integrity of the poll.

But Justice Mwongo found that the petitioner had failed to provide sufficient evidence to support the allegations.

On claims of irregular and opaque appointment and dismissal of presiding officers, the court ruled that the petitioner had neither identified the officers involved nor demonstrated which laws had been violated.

“The petitioner did not identify which officers were involved, which law was violated, or provide qualitative evidence to support the allegation,” the judge ruled.

The court also dismissed claims that the printed voter register was not deployed during the election.

Justice Mwongo noted that each polling station had a physical voter register sealed in a plastic envelope alongside a QR code used to access the KIEMS kit.

“The register was a soft copy replica of the physical register and no evidence was adduced to show that any voter was disenfranchised,” the court ruled.

The judgment effectively confirms Mr Njeru Leo wa Muthende as the duly elected Member of Parliament for Mbeere North.

All respondents, except the fourth respondent, filed responses and called witnesses during the hearing.

The court did not indicate whether costs would be awarded. The judgment was delivered in open court at the Embu Law Courts.