- The Embu High Court dismissed the election case challenging the victory of Mbeere North Member of Parliament Leo Wamuthende
- Applicants Julieta Karigi Kithumbu and Patrick Gitonga Gichoni failed to post the mandatory bond of KSh 500,000 for costs
- Justice Richard Mwongo ruled that failure to comply with the constitutional requirement of security for costs undermined the application
- A parallel application submitted by Democratic Party candidate Newton Kariuki will proceed after meeting all the procedural requirements
The Embu High Court has thrown out the election case against the victory of Mbeere North Member of Parliament Leo Wamuthende, causing a big blow to two voters.
Source: Facebook
In a decision given by Judge Richard Mwongo, the court dismissed Petition No. E001 of 2025 after finding that the plaintiffs failed to comply with the constitutional requirements.
What did the two plaintiffs fail to do in Wamuthende’s application?
Julieta Karigi Kithumbu and Patrick Gitonga Gichoni had filed a case in court opposing the election of Wamuthende, but they did not deposit KSh 500,000 as security for costs when filing the petition, as required by law.
Citizen Digital’s report revealed that Judge Mwong held that the bond requirement for costs is not a procedural technicality but a serious legal threshold that must be met before the petition can be heard.
For that reason, the court dismissed the case and ordered the two plaintiffs to pay KSh 800,000 together as costs incurred during the case.
The decision of the High Court protects the victory of Wamuthende due to a special challenge presented by the two voters.
However, the court allowed a separate petition challenging the election to proceed.
Newton Kariuki, who ran for the Mbeere North parliamentary seat on the ticket of the Democratic Party, had also submitted a petition against Wamuthende’s victory.
Is the Muthende victory still in danger?
Unlike the dismissed case, Kariuki’s application met all legal and procedural requirements, including the required security deposit for costs.
The case was brought to court with preliminary instructions, where the parties dealt with procedural and administrative issues before the hearing of the case.
With the dismissal of the first petition, the focus is now on the Kariuki case, which will test the validity of the Wamuthende election on its merits.
Lawyer Kariuki Njiri, representing Newton Kariuki, welcomed the court’s decision to allow his client’s application to proceed.
At the same time, he raised concerns about the high financial threshold imposed on applicants seeking electoral rights.
Njiri said that the requirement to put up KSh 500,000 as security for costs could be a punishment, especially for ordinary Kenyan voters who want to challenge the election results.
He urged Parliament to pass the law, saying the large deposit risks locking out many Kenyans from accessing justice and exploring controversial options.
Source: Facebook
On the other hand, Adrian Kimotho, the lawyer of MP Wamuthende, supported the cancellation of the petition submitted by Karigi and Gichoni.
He emphasized that compliance with election laws is important, noting that election petitions have serious consequences.
Kimotho warned against lowering the legal threshold, warning that doing so could open the door to frivolous or poorly prepared cases.
According to him, the existing requirement serves as a safeguard to ensure that only serious and well-founded disputes proceed to full hearings.
Judge Mwongo ordered that the hearing of Kariuki’s application will continue on Monday, March 9, setting the stage for a closely watched legal battle in Mbeere North.
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Source: TUKO.co.ke
