NAIROBI, Kenya, Jan 15 – The formal hearing of a petition challenging the election of Leo Wa Muthende as the Mbeere North Member of Parliament is set to begin on March 9 and run until March 19, 2026.
Justice Richard Mwongo, who is presiding over the case, said the hearings will be conducted in two sessions, with the first running from March 9 to March 12, 2026, and the second from March 16 to March 19, 2026.
“Hearings will proceed as follows: 9:00 a.m. to 10:45 a.m.; health break from 10:45 a.m. to 11:00 a.m.; 11:00 a.m. to 1:00 p.m.; lunch break from 1:00 p.m. to 2:00 p.m.; and 2:00 p.m. to 2:45 p.m. The matter will be heard day to day until concluded. If necessary, the court may adjourn the proceedings for not more than five continuous days mid-hearing,” Justice Mwongo said.
The judge added that formal directions arising from the pre-trial conference will be issued by the court on Monday, January 19, 2026.
Justice Mwongo noted that the issue of consolidation and continuance of Petition No. 1 with Petition No. 2 remains pending.
He said the court recorded submissions from all parties on the matter and directed that if no consent is filed within seven days, the court will rule on the applications on February 12, 2026, based on submissions already filed in Petition No. E001 of 2025.
Two voters filed the petition challenging the results of the November 27 parliamentary elections, which were won by United Democratic Alliance (UDA) candidate Leonard Wa Muthende. The petitioners allege inconsistencies in his identity and claim that he is not a registered voter.
The petitioners, including Democratic Party (DP) candidate and runner-up Newton Kariuki, were present in court alongside their advocates, including Kariuki Njiru. Other petitioners were represented by Kibe Mungai, Ndegwa Njiru, Kiragu Wathuta, Angela Maina, among others.
Mbeere North MP Wa Muthende also attended the pre-trial conference, accompanied by his lawyers Mwaniki Gachuba and Adrian Kamotho.
The Independent Electoral and Boundaries Commission (IEBC) and its returning officers are represented by Charles Mwongela and Laureen Omondi.
The court further directed that all three applications filed in the matter will be heard simultaneously on February 12, 2026.
In addition, the judge varied earlier orders on the storage and preservation of election materials, directing that they be kept in safe custody within the court precincts.
“The Judge varied the orders given on storage and preservation of the election materials by IEBC, and the said material will now be stored in safe custody within court precincts. IEBC committed to move the election material to the court’s custody as soon as directed,” Acting Embu Law Courts Deputy Registrar said.