The petition, lodged at the Milimani Law Courts on Thursday, December 4, accuses the newly elected MP of failing to meet key legal requirements necessary to contest the parliamentary seat.
According to the petitioners, Wa Muthende’s win should be invalidated on grounds of irregularities and alleged non-compliance with Kenyan electoral laws.
According to the petitioners, Wa Muthende’s win should be invalidated on grounds of irregularities and alleged non-compliance with Kenyan electoral laws.
Central to their argument is the claim that the legislator was not a registered voter, a requirement clearly stipulated under the Elections Act for anyone seeking elective office.
The voters further argue that Wa Muthende had recently changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru, but the change was not updated in the IEBC register of voters.
The voters further argue that Wa Muthende had recently changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru, but the change was not updated in the IEBC register of voters.
They contend that despite this inconsistency, the electoral body went ahead to clear him for the race and later declare him winner — an action they now want the High Court to nullify.
“The Commission’s decision to recognise and announce him as the winner when his details did not match the official voter records rendered the entire process unlawful,” the petition reads in part.
The controversy adds another twist to a by-election already marked by a fiercely contested race. Wa Muthende clinched victory with 15,802 votes, narrowly defeating the Democratic Party’s Newton Kariuki “Karish,” who garnered 15,308 votes.
“The Commission’s decision to recognise and announce him as the winner when his details did not match the official voter records rendered the entire process unlawful,” the petition reads in part.
The controversy adds another twist to a by-election already marked by a fiercely contested race. Wa Muthende clinched victory with 15,802 votes, narrowly defeating the Democratic Party’s Newton Kariuki “Karish,” who garnered 15,308 votes.
The slim margin had already raised eyebrows among political analysts, with expectations that the matter might eventually escalate to the courts.
The MP, however, appears unfazed by the mounting legal challenge. Speaking earlier in the week, Wa Muthende said he was fully prepared to defend his win, insisting that the election was free, fair, and transparent.
“They want to go to court; my lawyer is very ready. In fact, I should be the one going to court,” he said confidently.
The MP, however, appears unfazed by the mounting legal challenge. Speaking earlier in the week, Wa Muthende said he was fully prepared to defend his win, insisting that the election was free, fair, and transparent.
“They want to go to court; my lawyer is very ready. In fact, I should be the one going to court,” he said confidently.
“I have evidence of them bringing violence during the by-election. I am the one with the right to challenge them.”
He maintained that the allegations levelled against him were baseless and politically motivated, adding that he intends to rely on publicly available evidence, including media coverage, to reinforce his defence.
The by-election was held following the appointment of Geoffrey Ruku as Public Service Cabinet Secretary, a move that left the Mbeere North parliamentary seat vacant.
He maintained that the allegations levelled against him were baseless and politically motivated, adding that he intends to rely on publicly available evidence, including media coverage, to reinforce his defence.
The by-election was held following the appointment of Geoffrey Ruku as Public Service Cabinet Secretary, a move that left the Mbeere North parliamentary seat vacant.
Ruku had replaced Justin Muturi, who was dismissed earlier in the year, prompting a series of political realignments in the region.
