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The Embu High Court has ordered a limited scrutiny and recount of ballots and election materials from the disputed Mbeere North Constituency by-election held in November 2025, which declared Leonard Wamuthende Njeru as winner.
In a ruling delivered virtually on Friday, Justice Richard Mwongo directed that a fresh scrutiny and recount be conducted on specific polling stations where irregularities were noted, under the supervision of the Deputy Registrar of the High Court.
Judge Mwongo has directed the Deputy Registrar to open ballot boxes and scrutinise election materials at multiple polling stations, including Gitiburi 1 & 2, Kaungu, Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, citing violence, broken chain of custody, and irregularities in the voter register.
Further, the court directed the opening of ballot boxes containing Strategic Materials at the Tallying Centre, as well as 15 boxes holding KIEMS kits and four boxes with other strategic materials,including Polling Station Diaries (PSDs) and Forms 32.
“It is necessary to open all the 15 boxes containing the KIEMS kits referred to at pages 7-9 of the DRs Report in order to obtain the Kits used in the various polling stations where scrutiny and recount will be required pursuant to the orders of the Court herein,” the judge ordered.
This followed a case filed by the parliamentary loser Newton Kariuki Ndwiga of Democratic Party (DP), who challenged the outcome announced by the Independent Electoral and Boundaries Commission (IEBC) of the by-election to declare Wamuthende as the winner
The court noted that the orders followed a protracted hearing in Election Petition where Kariuki challenged the validity of the results that returned Wamuthende, who had contested on a United Democratic Alliance (UDA) ticket, as the declared winner.
Among the issues examined by the court were incidents of violence, disruption, and alleged mishandling of electoral materials during the polling process.
The court was told of dramatic events on polling day, including a fire that broke out at Gitiburi 2 polling station when a gas lamp exploded, forcing IEBC officials to relocate ballot boxes to a waiting motor vehicle.
Justice Mwongo observed that the events led to a break in the chain of custody of electoral materials.
He noted that the presiding officer left the ballot boxes in the vehicle in order to go back and collect her personal things and handbag.
Video evidence presented in court showed members of the public armed with sticks forcing entry into the polling station.
The presiding officer conceded before the court in his testimony that the individuals were not supposed to be there.
The court found that ballots from both Gitiburi 1 and Gitiburi 2 were ultimately counted at Gitiburi 1, an irregularity the judge found necessitated a full scrutiny and recount for both stations.
Similarly, the court found compelling evidence of violence at Kaungu polling station.
The presiding officer at Kaungu confirmed witnessing violence and said the station was pelted with stones from outside, forcing a 30-minute suspension of voting.
Justice Mwongo held that the violence could have affected the outcome of the election at that polling station.
On voter register integrity, the court found evidence suggesting irregularities in the handling of the register.
Testimony established that unregistered voters cast ballots at Siakago Social Hall, and that new voters, including one Collins Munene Muruki, were added to the register at Mwondu Primary School polling station after the register had been officially frozen on June 21, 2025.
One voter, identified as PW5, testified in court that she had been transferred from Gikuyari to Karatina polling station without her consent, which prevented her from voting.
In his orders, Justice Mwongo directed scrutiny and recount of ballot boxes from several polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, Gikuyari Primary School, Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1, and Cingera 2/2.
The court also ordered scrutiny of Forms 35A, ballot papers, and counterfoils from additional polling stations where alterations were observed and not countersigned.
These include Rwagori, Karimari, Kanyuambora, Karambari, Kamauwa, Ibutuka, Kogari, and St. Mary’s Kanganga Primary Schools.
Justice Mwongo noted that scrutiny is to be conducted in specific polling stations in respect of which the results are disputed.
The Deputy Registrar of the High Court has been directed to oversee the exercise and file a report on the findings by April 17, 2026.
The matter will proceed to final submissions on April 22, 2026, where the court is expected to determine the merits of the petition.
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The Embu High Court has ordered a limited scrutiny and recount of ballots and election materials from the disputed Mbeere North Constituency by-election held in November 2025, which declared Leonard Wamuthende Njeru as winner.
In a ruling delivered virtually on Friday, Justice Richard Mwongo directed that a fresh scrutiny and recount be conducted on specific polling stations where irregularities were noted, under the supervision of the Deputy Registrar of the High Court.
Judge Mwongo has directed the Deputy Registrar to open ballot boxes and scrutinise election materials at multiple polling stations, including Gitiburi 1 & 2, Kaungu, Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, citing violence, broken chain of custody, and irregularities in the voter register.
Further, the court directed the opening of ballot boxes containing Strategic Materials at the Tallying Centre, as well as 15 boxes holding KIEMS kits and four boxes with other strategic materials,including Polling Station Diaries (PSDs) and Forms 32.
“It is necessary to open all the 15 boxes containing the KIEMS kits referred to at pages 7-9 of the DRs Report in order to obtain the Kits used in the various polling stations where scrutiny and recount will be required pursuant to the orders of the Court herein,” the judge ordered.
This followed a case filed by the parliamentary loser Newton Kariuki Ndwiga of Democratic Party (DP), who challenged the outcome announced by the Independent Electoral and Boundaries Commission (IEBC) of the by-election to declare Wamuthende as the winner
The court noted that the orders followed a protracted hearing in Election Petition where Kariuki challenged the validity of the results
that returned Wamuthende, who had contested on a United Democratic Alliance (UDA) ticket, as the declared winner.
Among the issues examined by the court were incidents of violence, disruption, and alleged mishandling of electoral materials during the polling process.
The court was told of dramatic events on polling day, including a fire that broke out at Gitiburi 2 polling station when a gas lamp exploded, forcing IEBC officials to relocate ballot boxes to a waiting motor vehicle.
Justice Mwongo observed that the events led to a break in the chain of custody of electoral materials.
He noted that the presiding officer left the ballot boxes in the vehicle in order to go back and collect her personal things and handbag.
Video evidence presented in court showed members of the public armed with sticks forcing entry into the polling station.
The presiding officer conceded before the court in his testimony that the individuals were not supposed to be there.
The court found that ballots from both Gitiburi 1 and Gitiburi 2 were ultimately counted at Gitiburi 1, an irregularity the judge found necessitated a full scrutiny and recount for both stations.
Similarly, the court found compelling evidence of violence at Kaungu polling station.
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The presiding officer at Kaungu confirmed witnessing violence and said the station was pelted with stones from outside, forcing a 30-minute suspension of voting.
Justice Mwongo held that the violence could have affected the outcome of the election at that polling station.
On voter register integrity, the court found evidence suggesting irregularities in the handling of the register.
Testimony established that unregistered voters cast ballots at Siakago Social Hall, and that new voters, including one Collins Munene Muruki, were added to the register at Mwondu Primary School polling station after the register had been officially frozen on June 21, 2025.
One voter, identified as PW5, testified in court that she had been transferred from Gikuyari to Karatina polling station without her consent, which prevented her from voting.
In his orders, Justice Mwongo directed scrutiny and recount of ballot boxes from several polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, Gikuyari Primary School, Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1, and Cingera 2/2.
The court also ordered scrutiny of Forms 35A, ballot papers, and counterfoils from additional polling stations where alterations were observed and not countersigned.
These include Rwagori, Karimari, Kanyuambora, Karambari, Kamauwa, Ibutuka, Kogari, and St. Mary’s Kanganga Primary Schools.
Justice Mwongo noted that scrutiny is to be conducted in specific polling stations in respect of which the results are disputed.
The Deputy Registrar of the High Court has been directed to oversee the exercise and file a report on the findings by April 17, 2026.
The matter will proceed to final submissions on April 22, 2026, where the court is expected to determine the merits of the petition.
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By Nancy Gitonga