Chief Justice and President of the Supreme Court of Kenya, Martha Koome, has gazetted details of a petition challenging the outcome of the recent Mbeere North by-election, including the court venue and the judge who will hear the case.
According to a Gazette Notice dated December 5, 2025, the case will be heard at the Embu High Court. Justice Richard Mwongo has been appointed to preside over the matter.
The petition was filed by two voters from Mbeere North constituency, Julieta Karigi Kithumbu and Patrick Gitonga Gichoni. They are seeking to nullify the by-election results that declared United Democratic Alliance (UDA) candidate Leonard Wa Muthende Njeru as the winner.
The petitioners allege serious irregularities in the election, mainly questioning the winner’s identity and his status as a registered voter. At the centre of the case is a dispute over the name used by the winning candidate.
According to the petition, Leonard Wa Muthende Njeru legally changed his name from Leonard Muriuki Njeru through a deed poll on September 3, 2024. The name change was published in Gazette Notice No. 13575. However, the petitioners claim the Independent Electoral and Boundaries Commission (IEBC) accepted his nomination documents using different names, which they argue was wrong.
They state that one of the names used by Wa Muthende during the election does not appear in the official voter register, which they say goes against constitutional requirements for anyone seeking election to Parliament.
“The first respondent was declared the purported winner of the Mbeere North by-election under the name Leo Wa Muthende Njeru, which does not 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 petitioners said.
The voters further claim that the KIEMS kit used on election day identified the candidate using his old name, while the ballot paper contained a different name. This, they argue, created confusion and undermined the integrity of the election.
Wa Muthende was declared the winner with 15,802 votes, narrowly beating Newton Kariuki, also known as Karish, of the Democratic Party, who received 15,308 votes.
The by-election was held after the former Mbeere North MP, Geoffrey Ruku, was appointed Cabinet Secretary for Public Service.
The respondents in the case are Leonard Wa Muthende Njeru, the IEBC and the Returning Officer for Mbeere North Constituency. Further directions on the case are expected as the hearing date approaches.
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