By BRIAN MUSYOKA
The hearing of the petition challenging the Mbeere North parliamentary by-election has officially begun at the Embu High Court, setting the stage for a closely watched legal contest that could determine the political future of the constituency.
Petitioner Newton Kariuki Ndwiga taking oath to testify in a petition he is challenging the election of Mbeere North MP Leo Wa Muthende in Embu High Court. MWINGI TIMES |Brian Musyoka
The case pits the petitioner, Newton Kariuki Ndwiga, against the declared winner of the November 27, 2025 by-election, Leo Wa Muthende Njeru, with the Independent Electoral and Boundaries Commission also named as a respondent in the proceedings.
The election dispute is being heard by Justice Richard Mwongo at the Embu High Court, after being assigned as an election court to determine the validity of the by-election results. By law, election petitions must be heard and concluded within six months.
During the opening remarks, Kariuki’s legal team, led by Ndegwa Njiru, told the court that the petition seeks to nullify the by-election, arguing that the electoral process failed to meet constitutional standards of transparency, accountability, and adherence to the law.
The petitioner claims that several irregularities occurred during the voting process, including discrepancies between the number of voters who cast ballots and the number of registered voters in some polling stations.
Kariuki, who took the witness stand to testify in support of his petition, cited Ngagara Primary School and Ngiiri Polling Station as examples where the number of votes allegedly exceeded the registered voter turnout.
He told the court that such discrepancies raise serious questions about the integrity of the election and form part of the grounds upon which the results should be invalidated.
Kariuki further requested the court to order a forensic examination of the KIEMS kits, arguing that the devices should be scrutinized to determine whether all voters who cast ballots were properly identified and cleared through the biometric system.
In addition, he asked the court to order a recount of the votes cast during the by-election to verify whether the final tally accurately reflected the will of the electorate.
The petitioner also alleged irregular voting in Mwondu Polling Station, claiming that some individuals who cast ballots there were registered voters from counties outside Embu County.
Kariuki further told the court that violence was reported in several polling stations, including Kaugu Polling Station, which he claimed affected his supporters during the voting exercise.
“Violence was widespread across polling stations in Mbeere North and it was being instigated by State officers. This intimidated my supporters, and the fourth respondent became the beneficiary of that violence,” Kariuki told the court.
He also alleged that voter bribery occurred in multiple polling stations across the constituency, arguing that such acts compromised the credibility and fairness of the election. Among the polling stations Kariuki asked the court to scrutinize are Itiira, Ishiara, Kune, Kanyuambora, Maragu, Karwari, Kiathambu, and Ndutori Primary Schools, saying a detailed examination would help determine whether the number of votes cast matched the number of registered voters.
However, the defence team representing Wa Muthende, led by Dr.
Adrian Kamotho, dismissed the claims and told the court that the election was conducted fairly, transparently, and in full compliance with the law.
Lawyer Charles Mwongela, representing the electoral commission, also defended the process, stating that the commission conducted the election in strict adherence to the Constitution and electoral laws, adding that the petition seeks to overturn the legitimate will of the people.
The court proceedings come months after another petition challenging the same election was dismissed for failure to deposit the legally required security for costs, leaving Kariuki’s case as the main active petition questioning the legitimacy of the by-election outcome.
The hearing is expected to proceed on a day-to-day basis , with the court set to hear testimonies from witnesses, examine electoral materials, and determine whether the allegations raised meet the legal threshold to nullify the Mbeere North by-election.
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