High Court orders Mbeere North by-election vote recount
By Zipporah Ngwatu, March 27, 2026A High Court in Embu has ordered that all the ballot boxes in the Mbeere North by-election, which was won by Leo Wamuthende, be reopened and scrutinised, and the votes be recounted.
Petitioner Newton Kariuki Ndwiga, alias Netwon Karish, moved to court challenging Wamuthende’s win in the November 27, 2025, by-election.
He sought orders to recount votes in all polling stations within the constituency, including Kaungu Primary, Kianamu, and Siakago Social Hall, among others.
Judge Richard Mwongo ruled on Friday, March 27, 2026, that the closure of one Kaungu polling station for 30 minutes after violence erupted could have affected the by-election outcome, thus ordering the recount.
“There is persuasive evidence that the gross violence and overrunning of wananchi witnessed at Kaungu polling station, resulting in a thirty (30) minute closure of polling, could have affected the outcome of the election. On this basis, it is necessary for the election materials for Kaungu polling station to be scrutinised and votes recounted,” Judge Mwongo ordered.
Judge Mwongo has also ordered a full scrutiny of ballot materials and recount of ballots for Gitiburi 1 and 2 polling stations following the outbreak of fire in Gitiburi 2, resulting in commotion with the resultant temporary break in the chain of custody of polling materials and leading to votes for both Gitiburi 1 and Gitiburi 2 having to be counted at Gitiburi 1.
The court also ordered that the register of voters and KIEMS kit registers for Siakago Social Hall, Mwonu Primary School and Gikuyari Primary School polling stations, together with their PSDs, be scrutinised to ascertain whether the record therein shows that the unidentified voters cast their ballots in the named polling stations.
In addition, the judge ordered that the ballot boxes for Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Siakago Social Hall 1/1, Mbaruari 1/1, and Cingera 2/2 polling stations be opened to ascertain whether there are registers of voters therein and scrutinise the same vis-à-vis the KIEMS kit register and Polling Station Diaries (PSDs) for those polling stations.
However, on the voter bribery claim, the court has noted that the evidence availed demonstrated that where there may have been cases of voter bribery, it did not occur at polling stations.
Judge Mwongo avers that it was not clearly demonstrated from the evidence availed that there was a clear connection between any such bribery and the votes at any specific polling station.
“In the absence of any such specificity with regard to bribery, there is no basis laid for scrutiny or recount at any particular polling station,” Judge Mwongo ruled.
Notably, the court has directed that scrutiny and recount shall be done by and under the sole supervision and direction of the deputy registrar.