High Court Upholds Leonard Wamuthende’s Election as Mbeere North MP

In a ruling delivered on Thursday, May 21, Justice Richard Mwongo affirmed that the United Democratic Alliance (UDA) candidate was lawfully elected, and directed that the decision be communicated to National Assembly Speaker Moses Wetang’ula for the necessary action.

While examining the petition, the court acknowledged that several electoral irregularities and malpractice concerns had been raised and verified through scrutiny. However, Justice Mwongo noted that the issues identified did not reach the legal threshold required to nullify an election.

Among the irregularities established were instances where six individuals assisted more than one voter, contrary to electoral rules that require a person assisting voters to do so for only one individual. Despite this breach, the court found it was not possible to determine which candidate, if any, benefited from the actions, making it difficult to conclude that the outcome was affected.

The court also considered allegations of bribery and voter manipulation, accepting that there was credible testimony pointing to isolated incidents of malpractice involving two witnesses. However, it held that the incidents were not widespread enough to have materially influenced the final results.

Further claims, including alleged interference with voter registers, mishandling of election materials, voter intimidation, misuse of state resources, and disenfranchisement, were dismissed due to insufficient evidence linking them directly to the final tally.

Although the judge noted minor issues such as a temporary break in the chain of custody at one polling station and limited unauthorized alterations in voter records, he concluded that these did not compromise the overall integrity of the election.

Justice Mwongo emphasized that the guiding principle in election disputes is whether the entire electoral process substantially complied with constitutional and legal requirements, rather than focusing on isolated irregularities.

Ultimately, the court found that the election met the required legal standards and upheld Wamuthende’s victory, bringing the legal challenge to a close.