By Andrew Kariuki
Justice Richard Mwongo has directed that all election materials from the disputed Mbeere North by-election be placed under strict court custody as the petition challenging the outcome moves forward.
In orders issued on Thursday, January 15, the judge ruled that the ballot papers and other preserved materials be secured in a specially designated room under the joint control of six parties involved in the case.
Each party will be issued with its own padlock and key, with access only possible when all parties are present.
“The preserved materials will be brought into the custody of the court and kept in a room fitted with six padlocks. Each party will hold its own key, which will be purchased by the court,” Justice Mwongo said.
The judge explained that the decision was informed by the need to safeguard the integrity of the process and maintain public confidence in the court’s handling of the election dispute.
“Having reviewed the petition and responses, I was concerned that the credibility of this court could be questioned if control of the materials was not clearly defined,” he added.
Justice Mwongo further ordered that the room be guarded at all times and warned that no single party would be allowed access independently.
He cautioned that if a party fails to attend a scheduled access session and causes delays, the court may authorize the breaking of that party’s padlock, effectively forfeiting its control over the storage.
The directions were issued during a pre-trial conference aimed at streamlining the proceedings and ensuring compliance with the legal requirement that election petitions be concluded within six months.
All parties welcomed the arrangement, describing it as a practical and secure way of protecting evidence that will be central to the court’s determination.
The petition was filed by two voters seeking to overturn the election of Leonard Wamuthende as Member of Parliament for Mbeere North.
They allege electoral irregularities and claim that Wamuthende was not a registered voter at the time of the poll.
The petitioners also contend that the winner used inconsistent names across nomination documents, voter registers and election materials, citing discrepancies between the names Leonard Wamuthende Njeru and Leonard Muriuki Njeru.
The court is scheduled to begin hearing the petition on March 9, 2026.
Justice Mwongo indicated that judgment is expected no later than June 21, 2026, though he expressed an intention to deliver the decision earlier, on May 21.
