Win for UDA as Court Throws Out Petition Challenging Wamuthende's Election

The High Court in Embu dismissed a petition challenging the election of Leo Wa Muthende as the Member of Parliament for Mbeere North.

Delivering the ruling on Thursday, May 21, at the High Court in Embu, Justice Richard Mwongo declared that Wa Muthende remained the duly elected MP.

The election petition had been filed by Democratic Party candidate Newton Karish, who wanted the court to overturn the Mbeere North election results.

Justice Mwongo further directed that National Assembly Speaker Moses Wetang'ula should be briefed on the ruling.

"Having concluded the hearing of the election petition, I certify that the petition was dismissed and the fourth respondent remains the duly elected Member of Parliament for Mbeere North Constituency.

"This information is to be transmitted to the Speaker of the National Assembly. Orders accordingly," the judge stated.

Wa Muthende celebrated the ruling by the court and expressed gratitude to God and the people of Mbeere North.

However, Karish, through his lawyer Ndegwa Njiru, confirmed that he would appeal the decision by the High Court at the Court of Appeal.

"We are most obliged by the decision of the court. We have listened to it, and we appreciate where the court is coming from. However,  we wish to make an appeal with regard to some of the issues.

"Therefore, we are making an application for typed proceedings, the judgment of the court and the decree arising therefrom," Njiru told the court.

Justice Mwongo ruled on several issues, including claims that state machineries and resources had been deployed to influence voters ahead of the by-election.

He stated that while Public Service Cabinet Secretary Geoffrey Ruku had been spotted campaigning for the candidate, the petitioners had failed to prove whether he influenced the voters.

This is the second election petition against a UDA candidate that has been dismissed by the court. 

On May 16, the Kakamega High Court  dismissed an election petition challenging the election of David Ndakwa as Member of Parliament for Malava.