File image of Mbeere North MP Leonard Wamuthende
The High Court in Embu has ordered a partial scrutiny and recount of votes in the disputed Mbeere North Constituency by-election.
In a ruling on Friday, March 27, Justice Richard Mwongo directed that the recount be conducted in selected polling stations where anomalies were identified.
The court declined to grant a blanket order, instead finding that scrutiny and recount must be exercised selectively and only where sufficient grounds had been established.
“There shall be limited scrutiny and recount of ballots and election materials,” ruled Justice Mwongo.
The court flagged a ballot box labelled “Ballot Box No. 135” after it was found to contain “strategic materials” that had been delivered to the tallying centre without any clear explanation or proper documentation.
The high court also directed the opening of 15 boxes containing KIEMS kits to facilitate scrutiny in affected polling stations.
Further, Justice Mwongo ordered scrutiny of Forms 35A, ballots, and counterfoils in eight polling stations where alleged alterations in results forms were identified.
Former Public Service CS Justin Muturi welcomed the ruling, saying it was a significant step toward accountability in the electoral process.
“This is a major victory for truth, transparency, and the will of the people. The Court has opened the door for a full interrogation of the electoral process, including access to KIEMS data, ensuring that nothing is hidden and nothing is taken at face value,” said Muturi.
He also said the decision places the Independent Electoral and Boundaries Commission under renewed pressure to uphold transparency standards.
“This ruling firmly places the IEBC on notice; accountability is not optional. Transparency must be non-negotiable, ensuring that every action taken in the electoral process can be traced, verified, and trusted. A truly free and fair election is one where the process inspires confidence, and the outcome reflects, without doubt, the sovereign will of the people,” added Muturi.
In the by-election held on November 27, 2025, Leo wa Muthende of UDA was declared the winner, defeating Newton Kariuki Ndwiga.
