The Embu High Court has dismissed a petition challenging Leo Wa Muthende’s November 2025 by‑election victory as Mbeere North Member of Parliament.
The petitioners, Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, had alleged irregularities in the election, including discrepancies in Muthende’s name on official documents and questions over voter registration.
Justice Richard Mwongo ruled that the petitioners failed to deposit the required Ksh 500,000 security for costs, a procedural requirement under Kenyan electoral law.
Because of this failure, the court deemed the petition incompetent and did not examine the substantive allegations raised by the petitioners.
The judge ordered the two petitioners to jointly pay Ksh 800,000 toward the legal costs incurred by the defending party.
The ruling emphasizes that compliance with statutory procedures is a critical requirement for filing election petitions in Kenya.
Other petitions challenging Muthende’s election, including one filed by candidate Newton Kariuki, were allowed to proceed because they met all procedural and legal requirements.
The decision, handed down on February 12, 2026, reinforces the judiciary’s commitment to enforcing formal legal standards in electoral disputes.
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FELIX MAKONA
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