By Andrew Kariuki
The High Court in Embu has ordered a partial scrutiny and recount of votes in the disputed Mbeere North Constituency by-election, citing irregularities in several polling stations.
In a ruling delivered on March 27, 2026, Justice Richard Mwongo directed that the exercise be limited to specific areas where evidence presented raised credible concerns about the integrity of the election process.
The petition was filed by Newton Kariuki Ndwiga, who challenged the outcome of the November 2025 by-election, in which Leo Wamuthende was declared the winner. Ndwiga alleged widespread irregularities, including voter register anomalies, violence and mishandling of election materials.
He had sought a comprehensive scrutiny and recount across multiple polling stations, as well as access to electoral technology and KIEMS logs. However, the court declined to grant a blanket order.
“There shall be limited scrutiny and recount of ballots and election materials,” Justice Mwongo ruled, emphasizing that such orders are discretionary and should not be used to facilitate a “fishing expedition.”
The court identified specific ballot boxes and polling stations for examination, including Ballot Box No. 135, which reportedly contained unexplained materials delivered to the tallying centre without proper documentation. The court ordered the box to be opened to establish the nature and origin of its contents.
Additionally, 15 boxes containing KIEMS kits will be opened to facilitate scrutiny in affected polling stations, alongside four other boxes holding strategic materials such as Forms 32 and Polling Station Diaries.
Scrutiny of voter registers and KIEMS data was also ordered in selected polling stations, including Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, to determine whether unregistered voters participated in the election.
A full recount was ordered at Gitiburi polling stations following evidence that a fire disrupted the chain of custody of election materials.
The court further directed scrutiny and recount at Kaungu Polling Station, where violence led to a temporary suspension of voting, raising concerns over the credibility of the results.
Justice Mwongo also ordered scrutiny of Forms 35A, ballots, and counterfoils in eight polling stations, including Rwagori, Karimari, and Kanyuambora primary schools, where alleged alterations in results forms were identified.
However, the court dismissed claims of voter bribery and denial of agent access, citing a lack of specific evidence linking the allegations to particular polling stations.
The Deputy Registrar has been tasked with overseeing the exercise and is expected to file a report by April 17, 2026.
The matter will be mentioned on April 22, 2026, for final submissions and consideration of the report.
