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Mbeere North by-election petition battle: Election materials locked up at Embu High court
IEBC officials set up polling materials at St Bakhita Siakago Girls High School in Mbeere on November 24, 2025, for the Mbeere North by-election.
What you need to know:
- Following an application challenging the election of MP Leo Wa Muthende, Justice Mwongo had issued a legal order for the materials to be brought to court for safe custody.
Election materials for Mbeere North Parliamentary by-election have been delivered at the Embu High Court for safe custody following a legal order issued by Justice Richard Mwongo.
The materials, including ballot boxes, were Tuesday transferred to the Court under tight security and locked in a safe room.
On January 15, Justice Mwongo issued the order following an application by three petitioners challenging the election of Mbeere North MP Leo Wa Muthende Njeru.
Through their lawyers, the petitioners argued that the materials are part of the evidence which they will be relying on in a bid to overturn Mr Njeru’s election.
While issuing the order, Justice Mwongo directed that the materials be deposited at the High Court premises until the petitions are heard and determined.
A loser, Mr Newton Kariuki is one of the three petitioners seeking to have the election of Njeru nullified.
Kariuki, the former Muminji ward MCA is represented by ten lawyers led by Mr Kiragu Wathuta.
DCP leader Rigathi Gachagua drums up support for Mbeere North parliamentary candidate Newton Kariuki during a campaign rally at Kanyuambora Trading Centre on November 16, 2025.
In his affidavit, Kariuki claim that the by-election was marred by irregularities.
He alleged that in some polling stations, voting was disrupted, suspended or abandoned due to violence and intimidation.
He also alleged that some duly registered voters were turned away at polling stations or denied the chance to vote through manipulation of the register or failure of prescribed voting procedures.
He alleged that counting and tallying of votes was conducted in opacity, while statutory forms were unsigned, forged or defective.
Further, Kariuki argued that there was bribery and undue influence of voters, arguing that votes cast by coercion was an electoral offence, thus the results did not reflect the free will of the electorates of Mbeere North Constituency.
Kariuki invited the Court to undertake a quantitative analysis by identifying the number of votes affected by each of the alleged irregularity, aggregate such votes and compare the total against the margin of victory declared by the Independent Electoral and Boundaries Commission (IEBC).
In the same Court, two voters, Julieta Karigi and Patrick Gitonga have filed a petition, seeking to have the election be nullified and a fresh one conducted.
They claim that the UDA candidate was not a registered voter while there was an inconsistency in his identity and as such, the election was not free, fair, free and verifiable.
The voters observed that on September 3, 2025 the UDA candidate executed a Deed Poll renouncing his former name Leonard Muriuki Njeru and legally adopting the name Leo wa Muthende Njeru.
Suba North MP Millie Odhiambo (right) and Majority Leader in the National Assembly Kimani Ichung’wah (left) with Mbeere North MP-elect Leonard wa Muthende before his swearing-in at the National Assembly on December 2, 2025.
They argued that the Constitution provides that a person is eligible for election as MP only if that person is a duly registered voter.
"The first respondent was declared the purported winner of the Mbeere North by-election under the name Leo wa Muthende Njeru which doesn't appear in the register of voters, the only name registered in the electoral roll is Leonard Muriuki Njeru, which the respondent had previously renounced," argued the voters in their sworn affidavit.
Accordingly, the voters stated that the UDA candidate was not a registered voter under the name used to contest the election and was therefore ineligible for election to the National Assembly.
"The declaration of the first respondent as the winner under a name not registered in the electoral roll renders the election outcome unlawful, invalid and void, constituting a matter of urgent public importance requiring immediate intervention of the court," the voters said.
The said change of name preceded the nomination period for candidates participating in the Mbeere North by-election.
In the affidavit, the voters observed that despite the published and legally valid Deed Poll, the first respondent presented nomination papers under his old name, Leonard Muriuki Njeru, which he had already renounced.
The voters faulted the IEBC and the Mbeere North returning officer, Mr John Mwii Kinyua, for accepting and processing the nomination under the wrong identity contrary to the law.
Newly elected Mbeere North MP Leonard Muthende shares a light moment with President William Ruto.
They accused the IEBC of allowing a candidate with two inconsistent identities to contest and be declared the winner.
The voters argued that the use of two identities creates uncertainty and makes the election incapable of verification.
"IEBC has a constitutional obligation to ensure accuracy, transparency and verifiability of the election," said the petitioners.
Mr Njeru won the Mbeere North constituency seat with 15,802 votes against his closest challenger Newton Kariuki (Karish) of DP, who garnered 15,308 votes.
Mr Duncan Mbui of Chama cha Kazi was a distant third with 2,480 in an election the UDA candidate won with a thin margin of 494 votes, as announced by returning officer Mr Kinyua.
The total number of votes cast in the constituency with 55,124 registered voters was 33,947, representing 61.9 voter turnout.
