The High Court sitting in Embu has ordered a partial scrutiny and recount of ballots in the disputed Mbeere North Constituency by-election held in November 2025, in a move that could significantly influence the final outcome of the race.
In a virtual ruling delivered on Friday, Justice Richard Mwongo directed that the exercise be conducted in specific polling stations where credible allegations of irregularities were raised. The process will be overseen by the court’s Deputy Registrar, who is expected to compile and submit a detailed report.
The by-election, conducted by the Independent Electoral and Boundaries Commission (IEBC), had initially declared Leonard Wamuthende Njeru of the United Democratic Alliance (UDA) as the winner. However, the result was challenged in court by Newton Kariuki Ndwiga of the Democratic Party (DP), who cited widespread irregularities and electoral malpractice.
The contest drew intense political attention, sharply dividing the region. Senior government figures, including Deputy President Kithure Kindiki, backed Wamuthende, while opposition efforts were led by Rigathi Gachagua in support of Ndwiga.
Justice Mwongo’s orders target several polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School. Additional centres flagged for scrutiny include Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1, and Cingera 2/2.
The court further directed the opening of 15 ballot boxes containing KIEMS kits, alongside four additional boxes holding key election materials such as Polling Station Diaries and Forms 32 at the tallying centre. According to Justice Mwongo, accessing the KIEMS kits is essential to verify results from the affected polling stations.
The ruling follows the court’s consideration of multiple incidents that cast doubt on the credibility of the election process. These include violence, disruptions during voting, and serious breaches in the chain of custody of electoral materials.
At Gitiburi 2 polling station, a fire caused by a gas lamp explosion forced election officials to relocate ballot boxes to a vehicle. Concerns were raised after the presiding officer reportedly left the materials unattended while retrieving personal belongings. Video evidence presented in court also showed individuals armed with sticks storming the station—an incident the officer admitted should not have occurred.
Further irregularities emerged when ballots from both Gitiburi 1 and 2 were counted at a single station, an anomaly the court found significant enough to warrant a full recount.
At Kaungu polling station, voting was temporarily halted after attackers pelted the station with stones, an incident the court noted may have interfered with voter turnout and the integrity of the process.
The court also raised serious concerns about the management of the voter register. Evidence showed that unregistered individuals were allowed to vote at Siakago Social Hall, while additional voters were allegedly introduced at Mwondu Primary School after the official register had already been closed.
In another troubling account, a voter testified that she had been transferred from Gikuyari to Karatina polling station without her consent, effectively disenfranchising her.
The Deputy Registrar is expected to complete the scrutiny exercise 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 likely to be decisive in determining whether Wamuthende’s victory will stand or whether further legal action will follow.
