Chief Justice Martha Koome Appoints Judge to Hear Petition Challenging UDA Mbeere North By-election Win
Chief Justice Martha Koome has appointed High Court Judge Richard Mwongo to preside over a petition challenging the election of Mbeere North Member of Parliament Leo Wa Muthende, following a closely contested by-election that has sparked legal and political scrutiny.
In a Gazette Notice published on Friday, January 2, the Chief Justice directed that the election petition arising from the Mbeere North Constituency by-election be heard at the Embu High Court, formally designating it as an Election Court in line with constitutional requirements.
“The election petition for Mbeere North Constituency shall be heard and determined by the High Court sitting at Embu,” the notice stated, confirming Justice Mwongo as the presiding judge.
The legal challenge follows the November 27 by-election, which pitched President William Ruto’s ruling United Democratic Alliance (UDA) against the newly formed Democracy for Citizens Party (DCP), associated with former Deputy President Rigathi Gachagua. The contest was widely viewed as an early test of political influence in the Mt Kenya region following Gachagua’s fallout with the ruling coalition.
UDA’s candidate, Leo Wa Muthende, was declared the winner, but his victory has since been disputed in court by two registered voters from the constituency. The petition, filed on Thursday, December 4, seeks to nullify the election results and calls for a fresh by-election.
According to court documents, the petitioners argue that Wa Muthende altered his name shortly before the election, changing it from Leonard Muriuki Njeru to Leo Wa Muthende Njeru. They contend that the change was not properly reflected in the Independent Electoral and Boundaries Commission (IEBC) register at the time of the polls.
The petitioners further argue that the IEBC acted unlawfully by clearing and declaring Wa Muthende the winner despite what they describe as discrepancies in the voter register. They claim that the name appearing on the ballot and official records did not match the details contained in the IEBC’s register of voters.
In addition, the petition raises questions about Wa Muthende’s eligibility to contest the seat, alleging that he was not a registered voter at the time of the election. Under Kenyan law, candidates seeking elective office must be duly registered voters, a requirement the petitioners say was not met.
The case now places the spotlight on the electoral process and the IEBC’s compliance with legal procedures, as the court prepares to examine whether the alleged irregularities were substantial enough to affect the outcome of the by-election.
Koome announces fresh judicial appointments
Separately, Chief Justice Koome has announced a series of new appointments to key judicial committees under the National Council on the Administration of Justice (NCAJ), in a move aimed at strengthening governance, oversight, and institutional coordination within the justice system.
In a notice dated December 11, 2025, Koome appointed Judy W. Gikaru of the Kenya Prisons Service, alongside Hillary Kimaiyo and Alex Ngunjiri from the National Police Service, to the NCAJ Working Committee on Information, Communication, and Technology (ICT). The appointments will run for the remainder of the committee’s term.
The new members replace Anthony Mbuvi, Terah Chadenya, Joseph Nduati, and Samuel Mwilu, with the changes intended to inject fresh expertise and accelerate digital transformation across justice sector institutions.
In a related development, Mary Aluvisia Kihamba of the National Transport and Safety Authority (NTSA) was appointed to the NCAJ Committee on Traffic Reforms, taking over from Judith Opili.
The Traffic Reforms Committee plays a key role in shaping policy recommendations and overseeing initiatives aimed at improving road safety and traffic management nationwide.
The appointments underscore Koome’s ongoing efforts to enhance efficiency, accountability, and inter-agency collaboration within Kenya’s justice system as major legal and political cases continue to unfold.
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Chief Justice Martha Koome Appoints Judge to Hear Petition Challenging UDA Mbeere North By-election Win