Take notice that the Petitioner, being dissatisfied with the Judgement of the Honourable Justice Richard Mwongo delivered at Embu High Court (The Election Court) on 21 May 2026, intends to appeal to the Court of Appeal (The Election court) against the whole Judgement,” he said.

📻 Breaking It Down

NAIROBI, Kenya May 21 – Democratic Party Candidate in the last November’s Mbeere North Parliamentary by-election has moved to the court of appeal to challenge the declaration of UDA’s Leo Wa Muthende as victor.

Through a notice filed at the Embu Law Courts Registry, Newton Kariuki’s lawyer Ndegwa Njuri says they are appealing a judgment delivered by the High Court of Kenya at Embu on May 21, 2026, and intends to challenge that decision in the Court of Appeal.

“Take notice that the Petitioner, being dissatisfied with the Judgement of the Honourable Justice Richard Mwongo delivered at Embu High Court (The Election Court) on 21 May 2026, intends to appeal to the Court of Appeal (The Election court) against the whole Judgement,” he said.

📌 What You Need to Know

Justice Richard Mwongo of the High Court in Embu dismissed the petition after he found that the Kariuki failed to prove that the irregularities cited substantially affected the outcome of the poll.

The court upheld Wa Muthende’s election despite blatant irregularities. Mwongo said he was not convinced that it was impossible to determine which candidate benefited from the assisted votes and concluded that the violations did not ultimately affect the will of the electorate.

Ndwiga had sought to nullify the election, arguing that the poll was marred by violence, failures in election technology, irregular handling of election materials and procedural breaches that allegedly undermined the integrity of the process.

He revealed that Regulation 72 of the Elections (General) Regulations had been violated after it was established that 1,072 assisted voters whose details were not recorded in the physical register as required by law.

However, the court found that while some incidents and procedural lapses had been established, they were not widespread or substantial enough to affect the outcome of the election.

On allegations of irregular appointment and dismissal of election officials, the judge held that the petitioner failed to identify the affected IEBC officers, the alleged unlawful actions, or the specific legal provisions said to have been breached.

📰 Source: Capital FM Kenya