The United Democratic Alliance (UDA) has been thrust into an unexpected legal battle after two voters moved to court to contest the election of Leo Wa Muthende as the Member of Parliament for Mbeere North.
The petition, filed on Thursday, December 4, seeks to overturn Wa Muthende’s victory in the recently concluded by-election and compel the electoral body to conduct a fresh poll.
In their filing, the petitioners ask the court to invalidate the results on the grounds of alleged electoral irregularities and questions surrounding the eligibility of the UDA candidate.
Their core argument is that Wa Muthende was not a registered voter at the time of the by-election, an issue that, if proven, would automatically disqualify him from running for any elective office under Kenyan law.
READ ALSO: Government Clarifies Claims of Data Breach in New Kenya-US Ksh 200B Health Deal
The Elections Act clearly states that anyone seeking to contest must first be a fully registered voter.
The two voters further claim that Wa Muthende had legally changed his name from Leonard Muriuki Njeru to Leo Wa Muthende Njeru before the November 27 vote.
They allege that this name change was never updated on the Independent Electoral and Boundaries Commission (IEBC) register. As a result, they argue that the name appearing on the ballot and the name in the voter register did not match, rendering the entire process defective.
According to the petitioners, the IEBC acted unlawfully by clearing and later declaring a candidate whose identity, in their view, had not been properly regularized in the Commission’s records.
They insist that the electoral body’s decision to proceed with certifying Wa Muthende as the winner amounted to a violation of electoral requirements and compromised the integrity of the by-election.
This legal challenge comes barely 48 hours after Wa Muthende publicly stated that he was ready to face any petition filed against his win. The UDA MP-elect maintained that his victory was fully legitimate and that he had complied with all legal and electoral rules.
Speaking confidently, Wa Muthende dismissed his opponents’ complaints as political theatrics and insisted he actually had stronger grounds for suing them instead.
“They want to go to court? My lawyer is more than ready,” he said. “In fact, I am the one who should be in court. I have evidence showing the violence they orchestrated during the by-election. I followed all the rules. I will be relying on media coverage because it clearly shows who was in the wrong.”
READ ALSO: After Karish’s Defeat, What Happens to His MCA Seat? Here’s What the Constitution Says
He doubled down on his claim that he had not breached any electoral guideline, insisting that he was prepared to prove his position if the matter escalates further.
The dispute arises barely a week after the official tally placed Wa Muthende ahead with 15,802 votes.
His closest competitor, the Democratic Party’s Newton Kariuki, commonly known as Karish, finished with 15,308 votes, a narrow margin that only fuels the controversy surrounding the credibility of the poll.
If the court finds merit in the petitioners’ claims, Mbeere North could be headed back to another costly, politically heated by-election.
