EMBU, Kenya — Chief Justice Martha Koome has appointed High Court Judge Richard Mwongo to preside over an election petition challenging the validity of the November 2025 Mbeere North parliamentary by-election, setting the stage for a legal battle that could determine the political future of the constituency.
In a Gazette notice published on Friday, January 2, the Chief Justice directed that the petition be heard and determined at the Embu High Court, which has been designated as the Election Court for the matter.
The appointment follows a formal challenge to the election of Mbeere North Member of Parliament Leo Wa Muthende.
The petition arises from a tightly contested by-election held on November 27, 2025, which pitted President William Ruto’s United Democratic Alliance (UDA) against the Democracy for Citizens Party (DCP), associated with former Deputy President Rigathi Gachagua.
UDA ultimately emerged victorious, with its candidate, Leo Wa Muthende, declared the winner.
However, two voters have since moved to court seeking to nullify the result and compel the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh poll. The petition was filed on December 4, 2025.
At the centre of the dispute is the identity and eligibility of the declared winner.
The petitioners argue that Wa Muthende altered his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru shortly before the by-election, but failed to ensure that the change was properly reflected in the IEBC register.
They contend that the commission’s decision to clear and declare him the winner, despite the alleged discrepancy, rendered the entire electoral process unlawful.
“The declaration of the respondent as the winner of the election was illegal and unconstitutional, given that his name did not correspond with the details in the voters’ register,” the petitioners argue in court documents.
The challengers further claim that Wa Muthende was not a registered voter at the time of the election, a requirement under Kenyan electoral law for anyone seeking elective office.
They say this alone is sufficient ground for the court to invalidate his election.
Under Article 99 of the Constitution and the Elections Act, a person is only eligible to be elected as a Member of Parliament if they are a registered voter.
Courts have previously held that compliance with this requirement is mandatory and not a mere technicality.
The petition adds to a growing list of post-election disputes that have followed closely fought by-elections, particularly those with high political stakes for rival camps ahead of the 2027 General Election.
Justice Mwongo, who will now hear the case, is an experienced election court judge who has presided over several high-profile constitutional and electoral disputes.
His appointment signals the formal commencement of judicial scrutiny into the conduct and outcome of the Mbeere North by-election.
Separately, Chief Justice Koome has also announced changes to key judicial oversight bodies under the National Council on the Administration of Justice (NCAJ), as part of broader reforms aimed at strengthening governance and coordination within the justice sector.
In appointments made on December 11, 2025, Judy W. Gikaru of the Kenya Prisons Service, alongside Hillary Kimaiyo and Alex Ngunjiri from the National Police Service, were named to the NCAJ Working Committee on Information, Communication, and Technology (ICT) for the remainder of its term.
The three replace Anthony Mbuvi, Terah Chadenya, Joseph Nduati, and Samuel Mwilu.
The ICT committee plays a critical role in advancing digital transformation across the justice system, including case management systems and inter-agency data sharing.
In another change, Mary Aluvisia Kihamba of the National Transport and Safety Authority (NTSA) was appointed to the NCAJ Committee on Traffic Reforms, replacing Judith Opili.
The committee is tasked with developing policy recommendations and overseeing reforms aimed at improving road safety and traffic management nationwide.
As the Embu High Court prepares to hear the Mbeere North petition, the case is expected to test the boundaries of electoral compliance, candidate eligibility, and the role of the IEBC in enforcing statutory requirements—issues with far-reaching implications for Kenya’s electoral jurisprudence.
