IEBC ordered to provide KIEMS kit logs in Mbeere North election dispute

In a ruling delivered on April 20, 2026, Justice Richard Mwongo ordered an expansion of the scrutiny and recount exercise to include access to the Kenya Integrated Election Management System (KIEMS) kit logs for selected polling stations.

The case, filed by petitioner Newton Kariuki Ndwiga, challenges aspects of the by-election process and seeks to verify the integrity of voter registration and participation data.

The petitioner had moved to court seeking clarification on earlier orders issued on March 27, 2026, arguing that the Deputy Registrar’s execution of the scrutiny exercise was incomplete.

He contended that critical components, particularly access to KIEMS logs, had been omitted, limiting the effectiveness of the verification process.

Justice Mwongo agreed, noting that the original ruling required a comparison between physical voter registers and those contained within KIEMS kits.

However, the Deputy Registrar’s report dated April 17, 2026, indicated that such access had not been granted, making full compliance with the court’s orders impossible.

“The court order could not be complied with unless further directions are given,” the report stated.

The court has now directed IEBC to provide full access to KIEMS logs for polling day (November 27, 2025) at three polling stations: Siakago Social Hall Mwondu Primary School Gikuyari Primary School

This access will enable comparison of KIEMS data with physical voter registers, identification of any additional voters registered between June 21, 2022, and the by-election date.

It would also enable verification of whether such voters participated in the election through cross-checking with polling station diaries in case of discrepancies.

IEBC and other respondents had opposed the application, arguing that the petitioner was attempting to expand the scope of the court’s original orders.

They maintained that the scrutiny exercise had been conducted within the limits set by the court and cited past Supreme Court decisions to support their position.

However, the court found that accessing KIEMS data was implicit in its earlier orders and necessary for a meaningful scrutiny process.

In a further observation, the court noted that only ballot recounts, rather than full scrutiny, had been conducted at Gitiburi and Kaungu polling stations, contrary to its initial directives. This raised additional concerns about the completeness of the exercise.