Embu, Kenya – The Embu High Court has struck out an election petition challenging the victory of Mbeere North Member of Parliament Leo Wamuthende, ordering the petitioners to pay Ksh.800,000 in costs.
Justice Richard Mwongo dismissed the petition filed by voters Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, ruling that they failed to comply with the constitutional requirement to deposit Ksh.500,000 as security for costs at the time of filing.
Court Ruling
In his decision, Justice Mwongo struck out Petition No. E001 of 2025 and directed the two petitioners to jointly bear the costs incurred.
However, the court upheld a separate petition filed by Newton Kariuki, a Democratic Party candidate, after finding that he had met all the legal and procedural requirements for lodging the case.
The matter came up for preliminary directions, with parties addressing housekeeping issues ahead of the substantive hearing of Kariuki’s petition.
Reactions from Counsel
Lawyer Kariuki Njiri, representing petitioner Newton Kariuki, welcomed the court’s decision to allow his client’s petition to proceed but raised concerns over the high cost of filing election petitions.
“The security-for-costs requirement is punitive to ordinary voters seeking justice. Parliament should review it, as the high deposit locks out many Kenyans from accessing electoral justice,” Njiri said.
On the other hand, Adrian Kimotho, counsel for MP Wamuthende, praised the striking out of the petition filed by Karigi and Gichoni.
“Election petitions carry far-reaching consequences, including possible nullification of results. Strict adherence to the law is necessary. Lowering the threshold could encourage frivolous cases rushed to court without merit,” Kimotho argued.
Broader Issues
The court also heard submissions on an application challenging state agencies that seek legal services from private advocates instead of the Office of the Attorney General.
Justice Mwongo directed that the hearing of Kariuki’s petition will continue on March 9, 2026.
Conclusion
The ruling underscores the balance courts must strike between ensuring access to electoral justice and preventing frivolous petitions. As Kariuki’s case proceeds, the debate over the security-for-costs requirement is likely to intensify, raising broader questions about fairness and accessibility in Kenya’s electoral dispute resolution framework.
Suggested Tags
- Embu High Court election petition Leo Wamuthende ruling
- Julieta Karigi Kithumbu Patrick Gitonga Gichoni petition struck out
- Justice Richard Mwongo ruling Petition No. E001 of 2025
- Newton Kariuki Democratic Party petition upheld March 9 hearing
- Kariuki Njiri lawyer security-for-costs punitive requirement
- Adrian Kimotho counsel strict adherence election petition law
- Kenya electoral justice access costs constitutional requirement
- Office of Attorney General vs private advocates legal services
- Kenya election petition costs Ksh.800,000 ruling Embu court
- Kenya electoral dispute resolution framework fairness accessibility
