Mbeere North MP Declines to Testify as Election Petition Hearing Continues
The court will decide on the applications while the petition hearing continues.
Mbeere North MP Leo Wamuthende greets his by-election opponent and now petitioner Newton Kariuki, flanked by their lawyers, during the hearing of the matter on March 19, 2026. Photo/Courtesy
By Ruth Sang
The Member of Parliament for Mbeere North Leo Wamuthende has refused to testify in court for the ongoing election petition that challenges his election victory. He will present his evidence in court through the sworn affidavit which he had already submitted to the court.
Newton Kariuki the petitioner has filed an application to remove Wamuthende from the court case after he opposed the previous decision. The MP must present himself for cross-examination in court before he can participate in the case according to Kariuki.
The petitioner has requested the court to carry out a ballot verification process which includes a recount of votes from 32 polling stations selected out of 134 stations that conducted voting during the election. The results contained inconsistencies which he believes should undergo comprehensive verification to determine his victory through verification of the results.
Kariuki through his legal representatives Kiragu Thuita and Ndegwa Njiru claimed that the election result forms contained irregularities which would have major implications if verified through official examination. The election contained more assisted voters according to him as part of his campaign which voters supported.
Wamuthende through his lawyer Charles Mwongela rejected the requests which he described as an attempt to gather information under false pretenses. Mwongela who represents both the Independent Electoral and Boundaries Commission (IEBC) and the returning officers active in the case explained that the petitioner failed to reveal precise discrepancies about critical documents which include Form 35A and Form 35B that show polling station and constituency results.
The petitioner used legal channels to contest the election result without proving any voting irregularities according to the defense. The defense team showed that all Kenya Integrated Elections Management System (KIEMS) kits worked according to plan during the election process. The voting process utilized physical voter registers as backup when technical issues occurred according to their explanation.
The IEBC investigated the voter registration problem involving Collis Munene who had been registered at Muondu Polling Station despite the location being restricted for by-election purposes. The commission confirmed that this case represented a unique event which occurred during the current nationwide continuous voter registration process and it did not indicate an organized plan to alter election results.
The defense established that the petitioner could not provide evidence proving that Geoffrey Ruku had disturbed the polling station activities. The defense team stated that the fire incident which occurred during the election stemmed from a pressure lamp which an election official used to illuminate the counting area not from any violent actions or ballot paper destruction.
About Author
