The High Court in Embu has ordered a limited scrutiny and recount of ballots in the contested Mbeere North Constituency by-election held in November 2025, following concerns over irregularities reported in several polling stations.
In a ruling delivered virtually on Friday, Justice Richard Mwongo directed that the exercise be carried out in selected polling centres where anomalies were identified. The process will be supervised by the Deputy Registrar of the court.
The by-election, conducted by the Independent Electoral and Boundaries Commission (IEBC), saw United Democratic Alliance (UDA) candidate Leonard Wamuthende Njeru declared the winner. However, the results were challenged by Democratic Party (DP) candidate Newton Kariuki Ndwiga, who filed a petition contesting the outcome.
Justice Mwongo ordered the opening and examination of ballot boxes and electoral materials from multiple 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, Kamauwa, Gwakaithi, Mbaruari, and Cingera polling stations.
The court also directed the opening of 15 boxes containing KIEMS kits, as well as four additional boxes holding key electoral materials such as Polling Station Diaries and Forms 32 at the tallying centre.
In his ruling, Justice Mwongo cited several irregularities that warranted scrutiny. At Gitiburi 2 polling station, a fire caused by a gas lamp explosion forced election officials to relocate ballot boxes. Concerns were raised after the presiding officer reportedly left the materials unattended, raising questions about the integrity of the process.
Video evidence presented in court showed individuals armed with sticks storming the polling station, an incident acknowledged by the presiding officer as improper. Additionally, ballots from Gitiburi 1 and 2 were counted at a single station, an anomaly the court said justified a recount.
At Kaungu polling station, voting was temporarily disrupted following an attack by stone-throwing individuals, which the court noted could have influenced the outcome.
The court also flagged concerns regarding the voter register. Evidence indicated that unregistered individuals were allowed to vote at Siakago Social Hall, while additional voters were allegedly added at Mwondu Primary School after the register had been closed.
In another case, a voter testified that she had been transferred to a different polling station without her consent, effectively denying her the right to vote.
The Deputy Registrar has been directed to oversee the scrutiny and file a report by April 17, 2026. The case will then proceed to final submissions on April 22, after which the court will determine the validity of the election.
The outcome of the scrutiny is expected to play a key role in deciding whether the declared results will stand or be overturned.
