Nairobi — The High Court sitting in Embu has dismissed an election petition challenging the outcome of the Mbeere North by-election after finding that the petitioners failed to comply with the mandatory requirement to deposit security for costs.
In a ruling delivered on February 12, 2026, Justice Mwongo struck out Election Petition filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni against Leo Wa Muthende Njeru formerly known as Leonard Muriuki Njeru the Independent Electoral and Boundaries Commission (IEBC), John Mwi Kinyua and the Speaker of the National Assembly.
The court allowed applications filed by the respondents seeking to have the petition dismissed for non-compliance with Section 78 of the Elections Act, which requires a petitioner to deposit Kshs.500,000 as security for costs within ten days of filing an election petition.
Justice Mwongo found that the petitioners had failed to meet the statutory threshold, rendering the petition fatally defective.
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"The petition... was dismissed for failure to comply with the mandatory requirement to deposit Kshs 500,000/= as a security deposit into court within ten days after filing the petition," the court ruled.
Wamuthende had moved the court through an application dated December 18, 2025, seeking to strike out the petition on grounds of failure to pay the security deposit.
A second application dated December 29, 2025, filed by the 2nd and 3rd respondents, similarly sought dismissal of the petition for the same reason.
In determining the matter, the court framed two key issues: whether the petition should be struck out for failure to comply with Section 78 of the Elections Act, and who should bear the costs of the petition.
Having found that the security deposit was not made within the prescribed period, the court allowed both applications, effectively terminating the petition at a preliminary stage. All other pending applications in the matter were marked as lapsed and otiose, as their relevance depended on the survival of the petition.
The respondents were awarded party-and-party costs capped at Kshs.800,000, subject to taxation by the Deputy Registrar.
Meanwhile, a separate petition Election Petition filed by Newton Kariuki Ndwiga, another contestant in the Mbeere North by-election, remains active.
The court indicated that it will proceed as scheduled and is expected to commence hearing on March 9, 2026 on a day-to-day basis until conclusion.
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