EMBU, Kenya- The legal battle challenging the Mbeere North parliamentary by-election intensified as the hearing continued for a second day at the Embu High Court, with the petitioner facing a tough cross-examination that saw several of his allegations come under scrutiny.
The petition hearing, which began on March 9, 2026, is being presided over by Justice Richard Mwongo, sitting as an election court to determine the validity of the November 27, 2025, by-election results.
The case pits election petitioner Newton Kariuki Ndwiga against the declared winner Leonard Wa Muthende Njeru, with the Independent Electoral and Boundaries Commission listed as a respondent.
Proceedings on Tuesday, the second day of the hearing, focused on the cross-examination of Kariuki, who had earlier testified in support of his petition seeking to nullify the election.
During questioning by the defence team representing Wamuthende, Kariuki appeared to struggle to substantiate several of the allegations he had sworn to in his affidavit.
At various points, he was unable to present supporting evidence and appeared to abandon some of the grounds he had earlier raised.
Among the key issues explored during the cross-examination were claims of unlawful third-party interference, violence, voter intimidation and harassment, bribery and corruption, as well as alleged exclusion of agents and witnesses during the electoral process.
Kariuki was also questioned on accusations of opaque vote counting and alleged falsification of results at several polling stations across the constituency.
Another major point of contention was Kariuki’s claim that state resources were misused during the campaign and on voting day.
In his affidavit, the petitioner had alleged that Cabinet Secretary Geoffrey Ruku improperly used public resources to influence the outcome of the by-election.
However, during cross-examination, Kariuki reportedly failed to provide documentary or testimonial evidence to support the claim.
The petitioner was also questioned over allegations that some voters were prevented from casting their ballots despite having participated in previous elections.
One of the polling stations highlighted was Gitiburi Polling Station, where Kariuki claimed some voters were denied the opportunity to vote despite having participated in the 2022 Kenyan General Election.
But when pressed by the defence, he struggled to provide specific details or evidence confirming the alleged incidents.
In his petition, Kariuki argues that the by-election failed to meet constitutional standards of transparency, accountability, and adherence to electoral law.
He had earlier cited discrepancies between voter turnout and registered voters in several polling stations, including Ngagara Primary School and Ngiiri Polling Station, claiming the irregularities cast doubt on the integrity of the election.
The petitioner also asked the court to order a forensic audit of KIEMS kits and a recount of votes cast during the by-election to verify the accuracy of the final tally.
However, lawyers representing Wamuthende and the electoral commission have maintained that the election was conducted fairly, transparently, and in full compliance with the law, arguing that the petition seeks to overturn the legitimate will of voters.
The case remains one of the most closely watched election disputes in the region, particularly after an earlier petition challenging the same by-election was dismissed for failure to deposit the required security for costs.
The court is expected to continue hearing witness testimonies, examining electoral materials, and assessing whether the claims raised meet the legal threshold required to nullify an election.
The hearing is proceeding on a day-to-day basis, with proceedings set to resume later Tuesday afternoon as the second day of the petition continues.
