The High Court at Embu has issued critical orders in an election petition challenging the outcome of the Mbeere North National Assembly by-election, directing the Independent Electoral and Boundaries Commission (IEBC) to preserve all election materials under court supervision.
Justice R. Mwongo on December 8, 2025, certified as urgent a petition filed by Julieta Karugi Kithumbu and Patrick Gitonga Gichoni against IEBC, Leonard wamuthende, and others, seeking to overturn the election results.
In the orders issued on December 9, the court directed IEBC to preserve all election materials, including the electronic voter identification system (KIEMS), nomination records, candidate registers, polling station diaries, and Forms 35A and 35B used in the Mbeere North by-election. These materials will be subject to scrutiny under court supervision.
The court has given IEBC seven days to produce crucial documents including Wamuthende’s nomination papers, candidate registration details, KIEMS Kit candidate profile, correspondence relating to any name changes, and the final list of cleared candidates.
However, in a significant development, the court declined to stop Wamuthende’s swearing-in, ruling that it was “overtaken by events” as the ceremony had already been conducted on December 2, 2025, before the election court was gazetted.
Despite this, a temporary restraining order was issued regarding the 4th Respondent’s swearing-in, though the exact application remains unclear given the earlier ceremony.
The petitioners have been directed to serve the application and petition on all respondents within the timeframe provided under Rule 10 of the Elections (Parliamentary and County Elections) Petitions Rules 2017.
A Pre-Trial Conference has been scheduled for January 15, 2026, at 9:30 am, where parties and their counsel will receive further directions on the case proceedings. The respondents are required to file their responses within the stipulated legal timeframe.
