Two voters in Mbeere North have filed a petition challenging MP Leo Wa Muthende’s December 2024 by-election victory, claiming the Embu High Court confirmed on Wednesday. Petitioners Geoffrey Njagi Nthiga and Daniel Mutembei Njue allege that the United Democratic Alliance candidate used conflicting identity details throughout the campaign and is not a registered voter in the constituency he now represents.
The duo further accuse the Independent Electoral and Boundaries Commission of presiding officers of multiple irregularities that they say tilted the tightly contested race in Muthende’s favour.
Court documents seen by journalists show the petitioners produced three different national identity cards bearing the name Leo Wa Muthende but with varying dates of birth (1978, 1981, and 1984) and slightly different ID numbers.
They also attached voter register extracts indicating that no person by any version of the MP’s name appears in the current Mbeere North roll. “The respondent sneaked into the election without fulfilling the basic constitutional requirement of being a registered voter in the constituency,” reads part of the 84-page filing lodged under certificate of urgency.
Petitioners listed several alleged irregularities:
- – ballot boxes arriving at tallying centres already sealed past official closing time,
- – voter turnout in some polling stations exceeding 100 per cent of registered voters,
- – and presiding officers refusing to sign Form 34A in at least 27 streams.
They presented affidavits from 43 agents who claim they were chased away from Siakago Boys and Kiritiri Primary tallying halls at 9 p.m. while counting was still ongoing.
Lawyer Danstan Omari, representing the petitioners, told journalists outside the court that the case goes beyond numbers. “This is about protecting the sanctity of Articles 38 and 99 of the Constitution. You cannot occupy a parliamentary seat if you are not even suspected to be a ghost voter,” he said. Omari asked the court to nullify the election and order a fresh poll within 90 days.
Muthende’s legal team, led by senior counsel Tom Ojienda, dismissed the petition as desperate propaganda. In a brief phone interview, Ojienda said his client has only one legitimate ID card issued in 2004 and that the others are crude forgeries planted to embarrass him.
“We shall produce the original register showing he has been a voter in Ishiara Ward since 2012. These are the same people who lost by almost 900 votes now looking for excuses,” he stated.
IEBC regional coordinator Mary Gatura confirmed receipt of the summons and said the commission will file its response by December 12. Justice Lucy Gitari certified the matter urgent and directed parties to appear for pre-trial on December 18, 2025.
As the court prepares to hear what could become one of the first major electoral disputes of the 2027 cycle, residents say they simply want certainty about who truly represents them in Parliament. For now, Leo Wa Muthende continues to occupy the seat, but the cloud of identity questions hangs heavier with each passing day.