The Embu High Court Thursday ordered the Independent Electoral and Boundaries Commission (IEBC) to surrender all polling materials from the Mbeere North parliamentary election for secure custody within the court premises.
The order was issued after the court set aside 10 hearing days in March, 2026 for petitions challenging the outcome of the August 2025 election.
During a pre-trial conference held on Thursday, the presiding judge Richard Mwongo said the key issues for determination are the eligibility of the declared winner, Njeru Leo Wa Muthende, and whether the final results reflected the genuine will of the electorate.
The consolidated petitions were filed by aggrieved voters and a defeated candidate, who allege substantial irregularities in the conduct of the poll.
The court directed that all pending applications in the matter will be heard on February 12, 2026, while the substantive hearing will take place on March 9–12 and March 16–19, 2026.
To prevent delays, the court introduced a strict “time bank” system, under which parties will be required to adhere to allocated time limits.
Justice Mwongo said the hearing will proceed day-to-day, with only limited adjournments permitted.
Petitioner Newton Kariuki Ndwiga was represented by a legal team led by Kariuki Njiru, which includes senior counsel Kibe Mungai.
The respondent, Njeru Leo Wa Muthende, was present in court and was represented by advocates Mwaniki Gachuba and Dr Adrian Kamotho Njenga.
The petition challenging Leo Wamuthende’s win was filed by two voters seeking to nullify the win and seek a fresh election. The petitioners cited allegations of electoral irregularities and that Wamuthende was not a registered voter at the time of the election.
The petitioners allege that the winner used mismatched names across nomination papers, voter polls, and election materials, leading to identity discrepancies. They cite two conflicting names, Leonard Wamuthende Njeru and Leornard Muriuki Njeru, that they insist belonged to Wamuthende.
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