The High Court sitting in Embu dismissed one of the Election Petitions filed by two petitioners after finding that they failed to comply with the mandatory requirement to deposit security for costs within the stipulated timeline.
At the same time, the court ruled that Election Petition filed by Newton Kariuki Ndwiga challenging the Mbeere North by-election, will proceed as scheduled.
In a ruling delivered on Thursday, Justice Richard Mwongo allowed applications filed by Mbeere North MP Leo Wa Muthende challenging the petition on grounds that the petitioners, Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, did not deposit the required Sh500,000 security for costs within 10 days of filing the petition as required under Section 78 of the Elections Act.
The court found that the failure to comply with the statutory requirement was fatal to the case, effectively bringing the petition to an end before it could proceed to substantive hearing.
Leo Wa Muthende Njeru formerly known as Leonard Muriuki Njeru had filed an application dated December 18, 2025 seeking to strike out the petition for non-compliance with the law.
A second application was later filed by the Independent Electoral and Boundaries Commission (IEBC) on December 29, 2025 seeking similar orders.
In his determination, the judge allowed the application, ruling that the petition could not proceed any further.
Consequently, all other pending applications in the matter were rendered irrelevant and were marked as lapsed.
The court further awarded party-and-party costs to the respondents, capped at Sh800,000, subject to taxation by the Deputy Registrar.
The hearing is expected to commence on March 9, 2026 on a day-to-day basis until conclusion.
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