Chief Justice Martha Koome has directed that an election
petition challenging the Mbeere North parliamentary results be heard at the
Embu High Court.
In a gazette notice dated December 5, the directive, made
under section 75 of the Elections Act, 2011 and Rule 6(3) of the Elections
(Parliamentary and County Elections) Petition Rules, 2017, assigned the matter
to the Election Court presided over by Justice Richard Mwongo.
The petition, filed as Election Petition No. E1 of 2025, has
Julieta Karigi Kithumbu listed as the petitioner.
The respondents named in the case include Patrick Gitonga
Gichoni, Leonard Wamuthende, the Independent Electoral and Boundaries
Commission (IEBC), and the Mbeere North Constituency Returning Officer.
According to the schedule released by the Office of the
Chief Justice, the case concerns the election of the Member of the National
Assembly for Mbeere North Constituency.
Details of the petition, as outlined in the notice, indicate
that the matter falls within the jurisdiction of the High Court, which is
mandated to hear and determine parliamentary election disputes.
“In exercise of the powers conferred by section 75 of the
Elections Act, 2011 and Rule 6(3) of the Elections (Parliamentary and County
Elections) Petition Rules, 2017, the Chief Justice of the Republic of Kenya
directs that the election petition whose details are given hereunder shall be
heard in the Election Court comprising of the Judge listed and sitting at the
court station indicated,” the notice reads.
Parliamentary election petitions are required by law to be
concluded within strict timelines, typically within six months of filing, to
ensure certainty in representation and adherence to constitutional
requirements.
The assignment of a specific judge and court station marks
the formal commencement of judicial proceedings in the dispute, paving the way
for pre-trial conferences and subsequent hearings.
Two voters from Mbeere North, Julieta Karigi and Patrick
Gitonga, earlier filed a petition at the Embu High Court challenging the
election of United Democratic Alliance (UDA) candidate Leo Wa Muthende Njeru.
The petitioners are seeking to have the election nullified
and a fresh poll conducted, and they have requested that their petition, dated
December 1, 2025, be certified urgent.
The petitioners allege inconsistencies in the candidate’s
identity, claiming he was not a registered voter at the time of the election.
They note that on September 3, 2024, the UDA candidate
executed a deed poll renouncing his former name, Leonard Muriuki Njeru, and
legally adopting the name Leo Wa Muthende Njeru.
They argue that the Constitution allows only duly registered
voters to contest for parliamentary seats.
“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
denounced,” the voters stated in their affidavit.
They added that this renders him 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 affidavit further claims that despite the legally valid
deed poll, the candidate submitted nomination papers under his former name.
