The High Court in Embu has upheld the election of Mbeere North MP Leo Wamuthende, ruling that irregularities noted during scrutiny of the November 2025 by-election were not sufficient to overturn the outcome.
Justice Richard Mwongo, in a judgment delivered on Wednesday, dismissed a petition challenging Wamuthende’s win, saying the petitioner failed to prove that the irregularities substantially affected the result.
The court, however, found lapses in the handling of assisted voters. It noted that details of more than 1,000 assisted voters were not properly recorded in the physical register as required by electoral law. It also established that six individuals unlawfully assisted multiple voters.
Despite these findings, the judge held that the breaches did not meet the threshold for nullification.
“The petitioner did not demonstrate that the irregularities materially affected the outcome of the election,” Justice Mwongo ruled.
The petition had also raised claims of voter bribery, procedural violations and questioned Wamuthende’s eligibility following his change of name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru before the poll.
The Mbeere North by-election was triggered after former MP Geoffrey Ruku vacated the seat following his appointment to government. The contest quickly evolved into a politically charged battle, reflecting deeper rivalries within the Mt Kenya region.
The race drew national attention as allies of President William Ruto and those aligned to former Deputy President Rigathi Gachagua sought to test their political strength ahead of the 2027 General Election.
Wamuthende, who contested on a United Democratic Alliance (UDA) ticket, defeated Democratic Party candidate Newton Kariuki, popularly known as Newton Karish.
According to results declared by the Independent Electoral and Boundaries Commission (IEBC), Wamuthende garnered 15,342 votes against Karish’s 13,870.
During the hearing, the petitioner argued that the irregular handling of assisted voters compromised the integrity of the election. Lawyers for Wamuthende and the IEBC maintained that the process was transparent and reflected the will of voters.
Justice Mwongo further ruled that scrutiny cannot be used to introduce new issues not pleaded in the original petition.
Election petitions in Kenya are determined on whether proven irregularities materially affect the final result, a threshold the court found was not met in this case.
The decision effectively secures Wamuthende’s seat unless successfully challenged at the Court of Appeal.
