Embu High Court Opens High Stakes Battle Over Mbeere North MP Seat

Leonard Wa Muthende (left) greets election petitioner Newton Kariuki Ndwiga inside the Embu High Court. MWINGI TIMES |Brian Musyoka

The petitions stem from the hotly contested Mbeere North by-election, which ended with Wa Muthende clinching the seat by a razor-thin margin, a result that has continued to stir political debate across the constituency.

The matter is before Justice Richard Mwongo, who during a pre-trial conference today 15th January 2026 indicated that the court would consider consolidating the two petitions into one, given that they raise similar issues of law and fact.

Two separate petitions are before the court,one filed by voters Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, and another by Newton Kariuki Ndwiga, who was a candidate in the by-election.

Both petitions seek to nullify Wa Muthende’s election and compel the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh poll in Mbeere North Constituency.

At the heart of the dispute is the identity of the declared winner. The petitioners argue that Wa Muthende legally changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru through a Deed Poll dated September 3, 2024, but that election materials continued to bear his former name.

They contend that this discrepancy violated constitutional and electoral law requirements that a candidate must be a registered voter under the same name used in the election, thereby rendering his candidature invalid.

The petitioners have further accused the IEBC and the Mbeere North Returning Officer of accepting nomination documents that allegedly carried inconsistent identities, saying this undermined the credibility of the electoral process.

Wa Muthende was declared winner after garnering 15,802 votes, narrowly defeating Newton Kariuki Ndwiga of the Democratic Party, who polled 15,308 votes in one of the closest by-elections in the country.

In Election Petition No. E002 of 2025, the IEBC is named as the 1st respondent, the Returning Officer as the 2nd respondent, John Kinyua as the 3rd respondent, and Wa Muthende as the 4th respondent.

The petitioners are represented by a team of senior advocates including Kariuki Njiru, Kibe Mungai, Ndegwa Njiru, Kiragu Wathuta, George Karuthui, Mary Gacheru, Angela Maina, Watere Wangui, Brian Micheni and Kiroko Ndegwa.

Wa Muthende on his defense is represented by Mwaniki Gachuba and Dr Adrian Kamotho Njenga, while the IEBC, the Returning Officer and Kinyua are represented by Charles Mwongela and Laureen Omondi.

However, during the pre-trial proceedings, the petitioners objected to the IEBC being represented by external lawyers, citing a High Court order issued in Nakuru barring public bodies from engaging private counsel where they have in-house legal officers.

Justice Mwongo directed the petitioners to file a formal application on the matter and serve all parties, as the court also gave directions on the possible consolidation of the two petitions.

The judge further ordered that all election materials, including ballot boxes and ballot papers, be secured at the Embu High Court under tight security and noted that election laws require the matter to be concluded within six months, with judgment expected by May 28th.

Security was heightened in and around the Embu High Court as supporters from both sides thronged the precincts, creating a tense atmosphere that mirrored the political stakes surrounding the fate of the Mbeere North parliamentary seat.