The High Court of Kenya has ordered a limited scrutiny and recount of ballots and election materials in the disputed 2025 by-election, which declared Leonard Wamuthende Njeru the Mbeere North MP.
In a ruling delivered on Friday, March 27, by Justice R. Mwongo, the court identified specific polling stations and ballot boxes where irregularities were noted, while dismissing broader claims of voter bribery and tampering.
Justice Mwongo 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.
Also Read: Court Rules on Petition Challenging Wamuthende’s Win in Mbeere North
Blow to Wamuthende as Court Orders Vote Recount
Part of the ruling said:
“From all the evidence adduced by the parties witnesses herein, and taking into account the respondents’ witnesses’ evidence on the DR’s Report, the following conclusions and determinations inevitably follow:
(1) There shall be limited scrutiny and recount of ballots and elections material in terms of Section 82(2)(a) Elections Act, and Rules 28 and 29 of the Elections (Parliamentary and County Elections) Rules, as hereinunder directed;
(2) Ballot box No.135 contains Strategic Materials delivered at the Tallying Centre as indicated in the DRs Report, which has items that were placed therein without any basis or explanation, and without any record thereof having been made. It is unclear why the items therein were not placed in the respective polling station ballot boxes on the polling day. As a result, this box, will, undoubtedly, have to be opened to scrutinise all the contents therein referred to as Strategic Materials.
(3) Further, 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.
Court Orders Scrutiny and Recount at Multiple Mbeere North Polling Stations
Ballot boxes for Nthigirani1/1, Kamauwa 1/1, Gwakaithi 1/1, Siakago Social Hall 1/1, Mbaruari 1/1, and Cingera 2/2 polling stations shall be opened to ascertain whether there are registers of voters therein and scrutinize the same vis a vis the KIEMS kit register and PSDs for those polling stations.
The scrutiny will also cover voter registers and KIEMS kit logs in several polling stations, including Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, to determine whether unregistered or unidentified voters participated in the elections.
A full recount will be conducted at Gitiburi 1 and 2 polling stations, where a fire disrupted the chain of custody, and at Kaungu polling station, where gross violence and overrunning of voters caused a temporary closure for 30 minutes.
Additionally, the court found it necessary to scrutinize election forms (Forms 35A) from eight polling stations where alterations were reported: Rwagori Primary School 1/1, Karimari Primary School 1/1, Kanyuambora Primary School 1/3, Karambari Primary School 1/1, Kamauwa Primary School 1/1, Ibutuka Primary School 1/1, Kogari Primary School 1/1, and St. Mary’s Kanganga Primary School 1/1.
This was after the Mbeere North parliamentary by-election held on November 27, 2025, was marred by widespread violence, bloodshed and widespread election irregularities.
Also Read: UDA Whitewashes United Opposition, Sweeps All By-election Seats
The Deputy Registrar (DR) is required to submit a report of her findings from the scrutiny and recount exercise to the court by 17th April 2026.
Following this, the court will issue detailed directions to the Deputy Registrar on how the exercise should be conducted, with these instructions made available to all parties involved.
A hearing for final submissions on the merits of the petition, as well as observations on the DR’s report, is scheduled for 22nd April 2026.
