The Embu High Court has issued orders to the Independent Electoral and Boundaries Commission (IEBC) ahead of the Mbeere North by-election petition hearing.
Justice Richard Mwongo, the judge mandated to hear the case, ordered on Thursday, January 15, that the materials used in the Mbeere North by-elections be secured in a room controlled by six parties.
The parties will each hold a key to the room to ensure transparency in the case challenging the election of Leonard Wamuthende as the area member of parliament.
“The order I will be making is that all the preserved materials be brought in custody of the court. You will be shown where the materials will be kept. We have places for six padlocks and each party will be given their key and padlock that will be purchased by the court,” Justice Mwongo stated.
Embu Law Courts
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The Judiciary
“I thought seriously about this because when I read the petition and responses, I felt the confidence of the court is going to be looked at from different angles if we are not very clear about who is in control of the process,” he added.
The judge noted that the room will be under tight security at all times and that no party will have access to the room without all the parties being present.
He, however, warned that in cases a party misses a date on which access to the room is required and causes delays to other parties, the padlock would be broken, and the party would lose access to the safe room.
The orders given during a pre-trial conference of the case were welcomed by all the parties, citing that it was the safest way to protect the materials that would form a crucial part in determining the case.
The conference was seeking to give directions on how the court will manage the case and also ensure the case is handled within a period of six months, a timeline provided by the law.
The petition challenging Leo Wamuthende’s win was filed by two voters seeking to nullify the win and seek a fresh election. The petitioners cited allegations of electoral irregularities and that Wamuthende was not a registered voter at the time of the election.
The petitioners allege that the winner used mismatched names across nomination papers, voter polls, and election materials, leading to identity discrepancies. They cite two conflicting names, Leonard Wamuthende Njeru and Leornard Muriuki Njeru, that they insist belonged to Wamuthende.
The court will begin the official hearing on March 9, 2026, and the final judgment on the case is expected to be read on or before June 21, 2026, though the judge plans to read the judgment on May 21.
Speaker of the National Assembly Moses Wetangula(left) swearing in newly elected Member of Parliament of Mbeere North Leonard Wamuthende
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Parliament of Kenya