The High Court in Embu has upheld the election of Leonard Wamuthende as the Member of Parliament for Mbeere North.
Justice Richard Mwongo ruled on Thursday, May 21, that the UDA candidate was lawfully elected.
“On the validity of the election, I certify that the petition is dismissed and the fourth respondent remains the duly elected Member of Parliament of Mbeere North Constituency,” Justice Richard said.
He further directed that the ruling be transmitted to the National Assembly Speaker, Moses Wetang’ula, for implementation.
High Court Upholds Leo Wamuthende’s Election
The court found that while several electoral irregularities and malpractices were proven during scrutiny, they were not serious enough to meet the legal threshold required to overturn the election.
Additionally, it also identified violations by six individuals who assisted more than one voter, contrary to the rule limiting a person to assisting only a single voter.
However, the judge observed that it could not be established which candidate, if any, benefited from these irregularities, and therefore concluded that they did not substantially affect the outcome of the election.
Regarding claims of bribery and voter influence, the court accepted that there was uncontroverted evidence of malpractice from two witnesses.
However, it ruled that the conduct was not widespread enough to affect the final result.
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The court further rejected claims of broad interference with voter registers, mishandling of election materials, violence, misuse of state resources, and voter disenfranchisement, noting that the petitioner did not sufficiently connect the alleged irregularities to the final results.
Although it acknowledged isolated issues such as a break in the chain of custody at one polling station and limited unauthorized changes in voter registers, the court concluded that the election largely met the constitutional and legal standards for validity.
The judge stated that the key consideration is whether the election, viewed in its entirety, complied with the required constitutional and statutory framework rather than focusing on individual irregularities in isolation.
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Court Orders Vote Re-Count
On March 27, the High Court ordered a limited scrutiny and recount of ballots and election materials in the disputed 2025 by-election, which declared Leonard Wamuthende the Mbeere North MP.
Justice R. Mwongo directed the opening of ballot boxes containing Strategic Materials at the Tallying Centre, as well as 15 boxes holding KIEMS kits and four boxes with “Other Strategic Materials,” including Polling Station Diaries (PSDs) and Forms 32.
Further, the recount covered voter registers and KIEMS kit logs in several polling stations, including Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, to determine whether unregistered or unidentified voters participated in the elections.
The recount was conducted at Gitiburi 1 and 2 polling stations, where a fire disrupted the chain of custody, and at Kaungu polling station, where gross violence and the overrunning of voters led to a temporary closure lasting 30 minutes.
