Leonard Wamuthende Njeru The High Court has upheld the election of Leonard Wamuthende Njeru as the validly elected Member of Parliament for Mbeere North, dismissing a petition that challenged the credibility and integrity of the 2025 by-election.
In a judgment delivered by Justice Richard Mwongo, the court found that although several electoral irregularities and possible malpractices were established during the hearing, the petitioner failed to prove that the violations substantially affected the outcome of the election.
“Having concluded the hearing of the election petition, I certify that the petition was dismissed and the fourth respondent (Leo Wamuthende) remains the duly elected member of Parliament for Mbeere North constituency. This information is transmitted to the Speaker of the National Assembly,” Justice Mwongo ruled.
The petition had been filed by his rival, Newton Kariuki Ndwiga, against the Independent Electoral and Boundaries Commission, returning officer John Mwii Kinyua, Curtis Njeru Mawira and Wamuthende.
Newton sought to overturn the election results, alleging widespread irregularities during the by-election held in November last year.
Among the complaints raised before the court were claims of voter register anomalies, assisted voter discrepancies, altered Forms 35A, election violence, voter bribery, exclusion of agents and mishandling of election materials.
The dispute had earlier prompted the court to order a limited scrutiny and recount exercise in selected polling stations after the petitioner convinced the court that certain irregularities warranted further examination.
The scrutiny focused on polling stations including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, Gikuyari Primary School, Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1 and Cingera 2/2.
During the scrutiny process, the court established that Regulation 72(6) of the Elections (General) Regulations had been violated with regard to 1,072 assisted voters whose details were not properly recorded in the physical register as required by law.
Justice Mwongo further found that six individuals unlawfully assisted more than one voter contrary to election regulations.
However, despite identifying the breaches, the court held that it was impossible to determine which candidate benefited from the assisted votes and therefore the irregularities could not justify the nullification of the election.
“The decisive question is not whether each irregularity was individually pleaded, but whether the election taken as a whole complied with constitutional and statutory standards,” the judge stated.
The court also found that evidence presented on allegations of voter bribery pointed to possible electoral malpractice but did not demonstrate that the alleged acts substantially influenced the final results.
On claims of violence and disruption, the court acknowledged that chaos at Kaungu polling station and disturbances at Gitiburi polling stations raised concerns, but held that the petitioner had not proved that the incidents materially altered the outcome of the poll.
Justice Mwongo further ruled that allegations relating to unlawful use of state resources, interference with voter registers and disenfranchisement of voters were not sufficiently proved.
Consequently, the court dismissed the petition with costs capped at Sh4 million, with 70 per cent awarded to the first, second and third respondents, while the fourth respondent was awarded 30 per cent.
The judge also indicated that the court had prepared a report under Section 87 of the Elections Act concerning electoral malpractices of a criminal nature identified during the proceedings.
