Court orders limited scrutiny of ballots in Mbeere North Constituency By-election

In a ruling delivered virtually on Friday, Justice Richard Mwongo directed that the exercise be conducted in selected polling stations where irregularities were reported.

The process will be supervised by the Deputy Registrar of the court.

The by-election, overseen by the Independent Electoral and Boundaries Commission (IEBC), had declared Leonard Wamuthende Njeru of the United Democratic Alliance (UDA) as the winner.

However, the outcome was challenged by Newton Kariuki Ndwiga of the Democratic Party (DP), who filed an election petition disputing the results.

Justice Mwongo ordered the opening and examination of ballot boxes and electoral materials in several polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School. Additional stations listed for scrutiny include Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1, and Cingera 2/2.

The court also directed the opening of 15 boxes containing KIEMS kits, alongside four additional boxes holding strategic election materials such as Polling Station Diaries (PSDs) and Forms 32 at the tallying centre.

“It is necessary to open all the 15 boxes containing the KIEMS kits… to obtain the kits used in the various polling stations where scrutiny and recount will be required,” Justice Mwongo ruled.

The court cited multiple irregularities, including violence, disruptions, and breaches in the chain of custody of election materials.

At Gitiburi 2 polling station, a fire caused by a gas lamp explosion forced officials to move ballot boxes to a vehicle.

The presiding officer later left the materials unattended while retrieving personal belongings, raising concerns over the integrity of the ballots.

Video evidence presented in court showed individuals armed with sticks storming the polling station—an incident the presiding officer admitted should not have occurred.

Ballots from both Gitiburi 1 and 2 were ultimately counted at one station, an anomaly that the court found warranted a full recount.

At Kaungu polling station, voting was temporarily suspended after the facility was attacked by stone-throwing individuals, an incident the court said could have influenced the outcome.

The court also flagged serious concerns regarding the voter register.

Evidence indicated that unregistered individuals were allowed to vote at Siakago Social Hall, while new voters were allegedly added at Mwondu Primary School after the official register had been closed.

In another case, a voter testified that she had been transferred from Gikuyari to Karatina polling station without her consent, effectively denying her the right to vote.

Justice Mwongo directed the Deputy Registrar to oversee the scrutiny process and file a report by April 17, 2026.

The case will then proceed to final submissions on April 22, 2026, where the court will determine the validity of the election.

The outcome of the scrutiny is expected to play a critical role in deciding whether Wamuthende’s victory will stand or if further legal remedies will be pursued.