The electoral commission has asked the High Court to dismiss a petition challenging the election of Mbeere North MP Leo Wa Muthende, saying the by-election was lawful and any name discrepancies were unavoidable and harmless.
Court papers filed by the Independent Electoral and Boundaries Commission (IEBC) and the Mbeere North returning officer set out a firm defense of the November 27, 2025, by-election.
They deny claims of fraud, misrepresentation, or irregularities raised by two voters who moved to court days after the results were gazetted.
The petition challenges the victory of Leo Wa Muthende Njeru, formerly known as Leonard Muriuki Njeru. The petitioners, Julieta Karigi and Patrick Gitonga, argue that his change of name and the appearance of his former name in the voters’ register and some election materials compromised the poll.
Mbeere North MP Leonard Muthende.
Photo credit: Joseph Kanyi Nation Media Group
They are seeking to nullify the election and demand scrutiny of materials. They argue the winner participated using different names on voter records and election documents.
But in their response, IEBC and the returning officer say the candidate lawfully changed his name before nominations and that the mini-poll complied with the Constitution and electoral laws, reflecting the will of the voters.
They argue the continued appearance of his former name was caused by a statutory freeze on the voters' register.
“The dual name neither affected his identity, clearance, nor eligibility, nor did it disadvantage any opponent or the electorate,” the respondents’ advocate Charles Mwongela states.
The papers explain that the register of voters was frozen once the by-election dates were announced, and hence Mr Wa Muthende’s identity could not be altered.
“No changes whatsoever, including changes of voters’ names or particulars, could be effected,” the advocate says, noting the register had to remain as it was on June 21, 2022.
Mbeere North MP Leonard Muthende.
Photo credit: File | Nation Media Group
“The continued existence of the first respondent’s former name in the Register of Voters and election materials was lawful, unavoidable, and did not prejudice the petitioners,” he adds.
They further argued that Mr Wa Muthende presented all required documents during nomination, including a registered deed poll and a Gazette notice confirming the name change.
He was also biometrically identified using the KIEMS kit as a registered voter in Mbeere North and cleared after meeting all legal requirements, according to lawyer Mwongela.
“All the candidates were subjected to uniform criteria,” the response says, adding that biometric identification positively confirmed the winner’s voter details before clearance.
The respondents insist that candidates are not identified by name alone and that voters were not misled.
IEBC points out that ballot papers contained the candidate’s name, party symbol, and photograph. Citing precedent, the commission says a name issue only matters if it confuses voters into supporting the wrong person.
It cites the law requiring ballot papers to include a candidate’s name, party symbol, and photograph. “It follows that a candidate may be identified and distinguished… by his name, party symbol, or photo,” it argues.
The background to the legal contest traces to a vacancy declared by the Speaker of the National Assembly in April 2025.
IEBC gazetted the by-election in August and set out timelines for nominations, campaigns, and polling. The voters’ register used was the certified roll published in June 2022 ahead of the last general election.
Court papers show that on the day Mbeere North aspirants were being cleared for nominations in October 2025, the returning officer, John Mwii Kinyua, was hospitalized. He delegated duties to the deputy returning officer, Curtis Mawira Njeru, a move IEBC says was lawful under the regulations.
“A deputy constituency returning officer shall… have all the powers and may perform all the duties of the returning officer,” the affidavit states, insisting that the deputy lawfully registered candidates and issued statutory forms.
IEBC says the by-election was conducted within constitutional timelines after gazetting the poll dates, supervised nominations, and ran campaigns before election day.
After tallying, Mr Wa Muthende was declared the winner with 15,802 votes, ahead of his closest rival, Newton Kariuki Ndwiga, who polled 15,308 votes. Voter turnout stood at 61.92 percent. The results were gazetted on December 1, 2025.
IEBC dismisses calls for scrutiny and recount of votes, saying it is discretionary and must be backed by specific pleadings and evidence.
“Scrutiny must be specifically pleaded, confined to identifiable polling stations, and supported by credible evidence,” the advocate argues, adding that the petitioners failed to meet that threshold.
He continues, “Scrutiny is never granted as of right.”
The commission also says reopening KIEMS kits would itself amount to scrutiny, which the court should only order on a proper basis.
In its closing position, IEBC maintains that the election was conducted in “substantial and strict compliance” with the law, that no fraud or misrepresentation occurred, and that the court should uphold Mr Wa Muthende’s election and dismiss the petition with costs.
The court is expected to determine whether the name change issue affected the validity of the election or the will of voters in Mbeere North.
The case is scheduled for a pre-trial conference on January 15, 2026.
