One of the two petitions challenging the election of Mbeere North MP Leo Wa Muthende has been struck out by Embu High Court.
Justice Richard Mwongo dismissed the petition number E00I of 2025 with costs after two voters, Julieta Karigi and Patrick Gitonga, failed to comply with the mandatory requirement to deposit Sh500,000 as security in Court within 10 days of filing the petition.
The MP had asked the Court to strike out the petition of the two voters challenging his election victory for failing to comply with section 78 of the Elections Act, requiring that a security deposit of Sh500,000 be paid within two days of filing.
In his ruling, the Judge said: " This petition can't proceed any further."
When the voters went to court, they wanted the petition to be certified as urgent as they sought to have the election nullified and fresh one conducted.
They had claimed that the UDA candidate was not a registered voter, while there was an inconsistency in his identities 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.
They argued that the Constitution provides that a person is eligible for election as MP only if duly registered as a 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.
They accused the IEBC of allowing a candidate with two inconsistent identities to contest and and be declared 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.
Further, the petitioners said the results of the election could not be verified due to the use of contradictory identities while the election was materially affected since the dual identity affected the integrity of the nomination, voting and declaration.
The petitioners claimed that the by- election was not conducted in accordance with the Constitution and Elections Act and prayed that the victory of the first respondent be declared null and void.
Mr Njeru, who has already been sworn in as the Mbeere North MP, Independent Electoral and Boundaries Commission (IEBC), Mbeere North Constituency returning officer John Mwii Kinyua have been cited as the first, second and third respondent respectively.
UDA candidate 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, one of the highest in Kenya’s by-election history.
However, the second petition Number E002 of 2025, which has been filed by Newton Kariuki, will proceed as scheduled. It is expected to commence on March 9, 2026.
