The Embu High Court has dismissed an election petition challenging the victory of Mbeere North MP Leo Wamuthende after the petitioners failed to deposit the required Sh500,000 security for costs, ordering them to pay Sh800,000 in legal expenses.
However, the court allowed a separate petition filed by Democratic Party candidate Newton Kariuki to proceed, having met all legal and procedural requirements.
In a ruling delivered by Justice Richard Mwongo, the court struck out Petition No. E001 of 2025 filed by voters Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, citing non-compliance with the constitutional requirement to deposit security for costs at the time of filing.
The judge held that the failure to meet the mandatory Sh500,000 threshold rendered the petition incompetent.
Justice Mwongo consequently directed the two petitioners to jointly bear Sh800,000 in costs incurred in the case, effectively bringing their challenge to an end at the preliminary stage.
The matter had come up for preliminary directions, during which parties addressed procedural and housekeeping issues ahead of the substantive hearing of a separate petition lodged by Newton Kariuki. Kariuki, who contested the seat on a Democratic Party ticket, is challenging Wamuthende’s election.
The court found that he had complied with all the legal and procedural requirements governing election petitions, allowing his case to move forward.
Speaking after the ruling, Kariuki’s lawyer, Kariuki Njiri, welcomed the decision to allow his client’s petition to proceed.
However, he raised concerns over the high cost of filing election petitions, describing the Sh500,000 security deposit as punitive to ordinary voters seeking justice.
Njiri urged Parliament to review the security-for-costs requirement, arguing that the hefty deposit locks out many Kenyans from accessing electoral justice and from uncovering the truth in disputed elections.
On the other hand, Adrian Kimotho, counsel for MP Wamuthende, welcomed the striking out of the voters’ petition, insisting that strict compliance with the law is essential in election disputes.
He noted that election petitions carry far-reaching consequences, including the possible nullification of results, and cautioned that lowering the financial threshold could encourage frivolous cases filed without merit.
The court also heard submissions on an application questioning the practice of state agencies seeking legal services from private advocates instead of the Office of the Attorney General.
Justice Mwongo directed that the hearing of Kariuki’s petition will proceed on March 9, 2026.
