By Duncan Muthomi
The High Court sitting in Embu has upheld the election of Mbeere North MP Njeru Leo wa Muthende after dismissing a petition that sought to overturn the by-election results.
In a ruling delivered on Thursday, Justice R. Mwongo stated that petitioner Newton Kariuki Ndwiga did not provide enough evidence to prove allegations of electoral malpractice and illegal conduct against the Independent Electoral and Boundaries Commission (IEBC).
The petition had been filed against the IEBC alongside respondents John Mwi Kinyua, Curtis Njeru Mwaira and Njeru Leo wa Muthende, who was declared the winner of the by-election.
Ndwiga had urged the court to nullify the election, claiming the exercise was unconstitutional, unlawful and did not comply with the required electoral standards and regulations.
Among the issues raised were allegations of violence during voting, failure of election technology and interference with the handling of election materials, which he argued affected the credibility of the poll.
However, Justice Mwongo ruled that the petitioner failed to sufficiently substantiate the claims before the court.
On accusations concerning the irregular hiring and removal of presiding officers, the judge observed that the petitioner neither identified the officers in question nor specified the laws allegedly breached.
“The petitioner did not identify the officers involved, indicate the law violated, or present adequate evidence to support the allegations,” the judge ruled.
The court also rejected claims that printed voter registers were not used during the by-election.
Justice Mwongo noted that all polling stations had physical voter registers sealed together with QR codes used to access the KIEMS kits.He further stated that the digital register was a replica of the physical one and no evidence was presented to show that any voter had been denied the right to vote.
The ruling therefore confirms Njeru Leo wa Muthende as the duly elected Member of Parliament for Mbeere North.During the hearing, all respondents except the fourth respondent filed responses and presented witnesses before the court.
The judgment was delivered publicly at the Embu Law Courts, although the court did not state whether costs would be awarded.