Election petition against Mbeere North MP Wamuthende dismissed
Mbeere North Member of Parliament Leo Wamuthende pictured during by-elections campaigns. Photo: FILE
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High Court Judge Richard Mwongo dismissed the petition after finding that the two voters who filed it—Julieta Karigi Kithumbu and Patrick Gitonga Gichoni—failed to comply with the constitutional requirement to deposit Ksh.500,000 as security for costs at the time of filing.
In his ruling, Justice Mwongo struck out Petition No. E001 of 2025 and directed the two petitioners to jointly bear the costs incurred in the case.
However, the court upheld a separate petition filed by Newton Kariuki, a candidate who vied on a Democratic Party ticket, after finding that he had met all the legal and procedural requirements for lodging the petition.
The matter came up before the court for preliminary directions, where parties addressed housekeeping issues ahead of the substantive hearing of Kariuki’s petition challenging Muthende’s election.
Lawyer Kariuki Njiri, representing petitioner Newton Kariuki, welcomed the court’s decision to allow his client’s petition to proceed but expressed concern over the high cost of filing election petitions, terming it punitive to ordinary voters seeking justice.
Njiri called on Parliament to review the security-for-costs requirement, arguing that the high deposit locks out many Kenyans from accessing electoral justice and uncovering the truth surrounding disputed elections.
On the other hand, Adrian Kimotho, counsel for MP Wamuthende, welcomed the striking out of the petition filed by Karigi and Gichoni, insisting that all litigants must strictly adhere to the law.
Kimotho said election petitions carry far-reaching consequences, including the possible nullification of results, and warned that lowering the threshold could encourage frivolous cases rushed to court without merit.
The court also heard submissions on an application challenging state agencies that seek legal services from private advocates instead of the Office of the Attorney General.
Justice Mwongo directed that the hearing of Kariuki’s petition will continue on March 9, 2026.
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