Court Throws Out Election Petition Challenging Mbeere North MP Leo Wamuthende’s Victory
The Embu High Court has dismissed an election petition that sought to nullify the election of Leo Wamuthende as Member of Parliament for Mbeere North constituency.
The case, identified as Petition No. E001 of 2025, was filed by two registered voters, Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, challenging Wamuthende’s victory in the November 27 by-election. Presiding Judge Richard Mwongo ruled that the petitioners failed to meet a mandatory constitutional requirement by not depositing the required Ksh.500,000 as security for costs at the time of filing.
In his decision, Justice Mwongo struck out the petition entirely and ordered the two petitioners to jointly cover Ksh.800,000 in costs incurred during the proceedings. The ruling came during a session addressing preliminary and housekeeping matters related to election petitions in the region. Notably, a separate petition filed by Newton Kariuki—a candidate who contested on a Democratic Party ticket—was allowed to proceed, as it complied with all procedural requirements, with the next hearing scheduled for March 9, 2026.
The outcome has drawn mixed reactions from legal representatives. Counsel for Kariuki, Kariuki Njiri, praised the court for letting his client’s case advance but criticized the high security deposit as a barrier that prevents many ordinary Kenyans from seeking electoral justice, urging Parliament to reconsider the provision. On the other hand, Adrian Kimotho, representing MP Wamuthende, welcomed the dismissal, stressing the importance of strict adherence to legal procedures to prevent frivolous litigation.
