Chief Justice Martha Koome has appointed Justice Richard Mwongo to preside over an election petition challenging the outcome of the Mbeere North parliamentary by-election, a move that sets the stage for a legal battle that could determine whether the constituency will retain its current MP or head back to the ballot.
The petition was filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, both registered voters from Mbeere North, following the by-election held on 27 November 2025, in which UDA candidate Leo Wa Muthende Njeru was declared the winner. The two moved to court arguing that the election was conducted in violation of constitutional and electoral laws.
At the centre of the dispute is the winning candidate’s identity and voter registration status. The petitioners argue that the MP-elect legally changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru, but this change was allegedly not reflected in the voter register at the time of the election. They contend that this discrepancy meant the candidate was not properly registered as a voter under the name he used to contest and win the by-election, raising serious questions about his eligibility to vie.
The petition is anchored on constitutional provisions that require any person contesting for elective office to be a duly registered voter, and on electoral laws that demand accuracy, transparency and strict compliance with nomination and registration requirements. The petitioners argue that failure to meet these standards renders the election unlawful, invalid and void, and they are asking the court to nullify the results and order a fresh election.
This petition is considered particularly important at this time as it comes amid heightened national scrutiny of by-elections and electoral integrity, especially as the country moves closer to the next general election cycle. A ruling in the case could set a significant legal precedent on how name changes, voter registration details and candidate eligibility are handled by the electoral body, potentially affecting future nominations and elections across the country.
Justice Mwongo will hear and determine the matter at the Embu High Court Election Court, with the outcome expected to have far-reaching implications not only for Mbeere North constituents but also for Kenya’s broader electoral jurisprudence.
