Mbeere North MP Opts Out of Testifying as Election Petition Battle Heats Up

The move has sparked sharp opposition from petitioner Newton Kariuki Ndwiga, who now wants the court to strike the MP out of the proceedings. Through his legal team, Kariuki argues that Wamuthende should not be allowed to participate in the case without taking the witness stand to defend his claims under oath.

At the same time, the petitioner is pushing for a partial recount and scrutiny of votes in 32 out of the 134 polling stations used during the election. Represented by lawyers Kiragu  Wa Thuita and Ndegwa Njiru, Kariuki maintains that anomalies in election documents could, if verified, significantly impact the final result.

He further alleges that the unusually high number of assisted voters was part of a coordinated effort that ultimately worked against him.

But the defence has dismissed these claims as baseless. Lawyer Charles Mwongela, representing the Independent Electoral and Boundaries Commission (IEBC) and election officials, described the application for scrutiny as a “fishing expedition.” He argued that the petitioner had failed to identify any concrete inconsistencies in key electoral forms used to declare results.

Mwongela also defended the integrity of the election process, stating that the Kenya Integrated Elections Management System functioned effectively, with manual voter registers serving as a reliable backup wherever technical challenges occurred.

On voter registration concerns, the IEBC acknowledged an isolated case involving a voter registered at Mwondu Polling Station during a by-election freeze period. However, the commission insisted this was not evidence of a broader scheme, attributing it instead to the ongoing nationwide continuous voter registration exercise at the time.

The court further heard that allegations linking Cabinet Secretary Geoffrey Ruku to interference in polling station operations were unsupported by any credible evidence.

Addressing reports of a fire incident in one of the polling stations ,the defence clarified that it was caused by a pressure lamp used by election officials to provide lighting during vote counting, dismissing claims that it was an act of sabotage intended to destroy ballot materials.

The application for scrutiny of ballot boxes and election materials by Newton Kariuki Ndwiga will be ruled on 26th March 2026.