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The election court sitting at the Embu High Court and presided by Justice Richard Mwongo is set to deliver its ruling on the Mbeere North by-election petition on March 26, 2026, following the conclusion of a two-week hearing marked by sharp exchanges between the parties.
The proceedings concluded with MP Leo Wamuthende declining to take the witness stand for cross-examination, opting instead to rely on his sworn affidavit, an action that drew immediate objection from the petitioner, Newton Kariuki Ndwiga.
Ndwiga, through his lawyers Kiragu Wa Thuita and Ndegwa Njiru, argued that the MP should be struck out of the proceedings for failing to defend his claims under oath. He maintained that allowing Wamuthende to rely solely on an affidavit denied the court an opportunity to test the credibility of his evidence.
The petitioner also pressed for a partial recount and scrutiny of votes in 32 out of 134 polling stations, citing alleged anomalies in electoral documents that he said materially affect the outcome of the election. He further claimed that an unusually high number of assisted voters pointed to a coordinated effort that disadvantaged him.
However, the defence dismissed the claims as speculative and lacking an evidentiary basis. Lawyer Charles Mwongela, appearing for the Independent Electoral and Boundaries Commission (IEBC) and election officials, termed the application for scrutiny a “fishing expedition.”
“There is no specific inconsistency identified in the statutory forms to warrant scrutiny. The petitioner has not laid a sufficient basis for the orders sought,” Mwongela submitted.
He defended the integrity of the electoral process, stating that the Kenya Integrated Elections Management System functioned effectively throughout the exercise, with manual registers serving as a dependable fallback in areas that experienced technical challenges.
On voter registration concerns, the IEBC acknowledged an isolated incident involving a voter registered at Mwondu Polling Station during a by-election freeze period, but maintained that it did not indicate a wider irregularity. The commission attributed the occurrence to the ongoing nationwide continuous voter registration exercise at the time.
The defense team also dismissed allegations linking Cabinet Secretary Geoffrey Ruku to interference in polling station operations, noting that no credible evidence had been presented to support the claims.
Regarding reports of a fire at one of the polling stations, the defence clarified that the incident was caused by a pressure lamp used to provide lighting during vote counting, dismissing suggestions of deliberate sabotage.
The court is now expected to determine whether the petitioner has met the legal threshold to warrant scrutiny and recount orders when it delivers its ruling on March 26.
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The election court sitting at the Embu High Court and presided by Justice Richard Mwongo is set to deliver its ruling on the Mbeere North by-election petition on March 26, 2026, following the conclusion of a two-week hearing marked by sharp exchanges between the parties.
The proceedings concluded with MP Leo Wamuthende declining to take the witness stand for cross-examination, opting instead to rely on his sworn affidavit, an action that drew immediate objection from the petitioner, Newton Kariuki Ndwiga.
Ndwiga, through his lawyers Kiragu Wa Thuita and Ndegwa Njiru, argued that the MP should be struck out of the proceedings for failing to defend his claims under oath. He maintained that allowing Wamuthende to rely solely on an affidavit denied the court an opportunity to test the credibility of his evidence.
The petitioner also pressed for a partial recount and scrutiny of votes in 32 out of 134 polling stations, citing alleged anomalies in electoral documents that he said materially affect the outcome of the election. He further claimed that an unusually high number of assisted voters pointed to a coordinated effort that disadvantaged him.
However, the defence
dismissed the claims
as speculative and lacking an evidentiary basis. Lawyer Charles Mwongela, appearing for the Independent Electoral and Boundaries Commission (IEBC) and election officials, termed the application for scrutiny a “fishing expedition.”
“There is no specific inconsistency identified in the statutory forms to warrant scrutiny. The petitioner has not laid a sufficient basis for the orders sought,” Mwongela submitted.
He defended the integrity of the electoral process, stating that the Kenya Integrated Elections Management System functioned effectively throughout the exercise, with manual registers serving as a dependable fallback in areas that experienced technical challenges.
On voter registration concerns, the IEBC acknowledged an isolated incident involving a voter registered at Mwondu Polling Station during a by-election freeze period, but maintained that it did not indicate a wider irregularity. The commission attributed the occurrence to the ongoing nationwide continuous voter registration exercise at the time.
The defense team also dismissed allegations linking Cabinet Secretary Geoffrey Ruku to
interference in polling station operations
, noting that no credible evidence had been presented to support the claims.
Regarding reports of a fire at one of the polling stations, the defence clarified that the incident was caused by a pressure lamp used to provide lighting during vote counting, dismissing suggestions of deliberate sabotage.
The court is now expected to determine whether the petitioner has met the legal threshold to warrant scrutiny and recount orders when it delivers its ruling on March 26.
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By Muriithi Mugo