High Court Judge Richard Mwongo has been appointed to handle the petition contesting the result of the Mbeere North parliamentary by-election, marking the start of a formal legal battle over a race that has sparked intense political debate.
Chief Justice Martha Koome assigned the judge through Gazette Notice No. 17623 published on Friday, directing him to hear and determine the matter at the Embu High Court.
“In exercise of the powers conferred by section 75 of the Elections Act, 2011, and Rule 6(3) of the Elections (Parliamentary and County Elections) Petition Rules, 2017, the Chief Justice of the Republic of Kenya directs that the election petition whose details are given hereunder shall be heard in the Election Court comprising the Judge listed and sitting at the court station indicated,” read the notice.
The decision comes at a time when pressure has been rising over the conduct of the November 27 by-election in which the Independent Electoral and Boundaries Commission declared Leonard Muthende of the United Democratic Alliance as the winner.
He secured 15,802 votes, edging out Newton Kariuki (Karish) of the Democratic Party, who received 15,308 votes. The tight margin and the heated political environment have kept the constituency in the national spotlight.
The by-election has also become a major point of contention following allegations from opposition leaders.
On December 1, Wiper Party leader Kalonzo Musyoka accused President William Ruto and top government officials of directing what he termed as state interference in both the Mbeere North and Malava by-elections.
During a church service in Machakos, Kalonzo claimed that police officers, local administrators, and Cabinet Secretaries were deployed to sway the results in favour of UDA candidates.
“William Ruto knows UDA did not win in Mbeere and UDA did not win in Malava,” he claimed.
“We have evidence — direct interference. He himself called the OCS at one station and another in Mbeere and said it is absolutely necessary that Wamuthende must win.”
Kalonzo further alleged that tallying at some polling stations was influenced to match instructions from top state figures, saying the entire process lacked transparency.
“There was no voter tallying… they were looking for the number that Ruto wanted,” he said, adding that some voters and agents were chased away during the process.
He also accused police officers of acting “in coordination with hooligans” to scare voters and disrupt tallying.
“Ruto used the police. Their job was to help the hooligans… We have seen it, and we are going to deal with it,” he said.
The opposition says it is preparing a “strong, comprehensive legal petition” to challenge the outcome.
The IEBC has maintained that the declared results are valid.
With Justice Mwongo now formally assigned to the matter, the Mbeere North petition will proceed to its full hearing phase at the Embu High Court. The case is expected to draw national attention due to the close contest, the accusations raised, and the political weight attached to the outcome.
