A legal dispute has emerged at the Embu High Court after two voters from Mbeere North filed a petition seeking to nullify the November 27, 2025, parliamentary by-election. The petition challenges the declared winner, Leonard Wa Muthende Njeru, alleging that he participated in the election under two conflicting identities.
Petitioners Julieta Karigi Kithumbu and Patrick Gitonga Gichoni claim a “grave and unconstitutional irregularity” occurred during the identification and nomination of the newly elected MP. They argue that the by-election, overseen by the Independent Electoral and Boundaries Commission (IEBC), was compromised due to discrepancies in the candidate’s name.
According to the petition, the ballot listed the candidate as “Leo wa Muthende Njeru,” a name not found in the IEBC voter register. “During voting, I noted that one of the candidates in the by-elections was Leo wa Muthende Njeru of the United Democratic Alliance party,” the petition states. After votes were tallied, the constituency Returning Officer declared Leo Wa Muthende Njeru the winner with 15,802 votes.
The petitioners conducted a verification exercise using the official Mbeere North Register of Voters and found that the only registered name was Leonard Muriuki Njeru, under National Identity Card No. 2-0-8-9. They allege that while the candidate legally changed his name through Gazette Notice No. 13575 on September 3, 2025, the IEBC did not update the KIEMS Kit, ballot papers, or official candidate records.
“On polling day, the KIEMS Kit identified the 1st Respondent under the name he had already abandoned by law,” the petition states. The voters argue this violated constitutional principles of electoral integrity, rendering the election “uncertain, unverifiable, and irredeemably defective,” contrary to Articles 81(e) and 86(a)-(c) of the Constitution.
The petition emphasizes that parliamentary candidates must be properly registered under their legal names, quoting Article 99(1)(a) of the Constitution: “A person is eligible for election as a Member of Parliament only if that person is duly registered as a voter.”
The voters warn that the alleged discrepancies could result in an illegitimate representative in the National Assembly. “I have legitimate concern that I will be represented… by a person who has not complied with the law regarding placement of details in the electoral records,” one petitioner said.
The case is now awaiting listing before the Embu High Court, as the petitioners seek to overturn the by-election outcome amid questions surrounding the candidate’s identities.
