High Court Orders Partial Recount in Mbeere North By-Election Following Irregularities

High Court Orders Partial Recount in Mbeere North By-Election Following Irregularities

The High Court has ordered a limited scrutiny and partial recount of votes cast in the November 27, 2025, Mbeere North parliamentary by-election, citing significant irregularities and unexplained handling of critical electoral materials.

In a ruling delivered on Friday, Justice Lawrence Mugambi Mwongo said the decision was based on evidence presented by the parties involved, as well as findings contained in a report by the District Returning Officer (DRO).

“Based on the evidence before the Court and the District Returning Officer’s report, a limited scrutiny and recount of election materials is necessary,” the judge ruled.

Central to the court’s decision was a ballot container labelled “Ballot Box No. 135,” which reportedly contained unspecified “strategic materials” delivered to the tallying centre without proper documentation or explanation.

Justice Mwongo observed that the materials should ordinarily have been distributed to their respective polling station ballot boxes on election day, raising concerns about the integrity of the electoral process.

“The contents of Ballot Box No. 135 were delivered to the tallying centre without explanation or proper record, warranting scrutiny of all items contained therein,” the ruling stated.

The court further directed that all 15 ballot boxes containing Kenya Integrated Election Management System (KIEMS) kits referenced in the DRO’s report be opened. The kits will be examined to verify their usage across polling stations where irregularities were alleged.

Scrutiny will also extend to voter registers and electronic logs from the KIEMS devices at several polling stations, including Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School, where discrepancies were reported.

In addition, the judge ordered a full recount at Gitiburi 1 and Gitiburi 2 polling stations after a fire incident disrupted the chain of custody of election materials. A separate recount was also authorised at Kaungu polling station, where violent clashes and severe overcrowding forced officials to suspend voting for approximately 30 minutes.

The court also directed a detailed examination of statutory election result forms, known as Form 35A, from eight polling stations where alterations and inconsistencies were flagged. These include Rwagori Primary School, Karimari Primary School, Kanyuambora Primary School, Karambari Primary School, Kamauwa Primary School, Ibutuka Primary School, Kogari Primary School, and St Mary’s Kanganga Primary School.

The disputed by-election attracted national attention after being marred by violence, fatalities, and widespread allegations of malpractice. Observers reported chaotic scenes at several polling centres, with security concerns overshadowing the voting process.

Reacting to the court’s decision, Justin Muturi, leader of the Democratic Party, welcomed the ruling and criticised the conduct of the election by the Independent Electoral and Boundaries Commission (IEBC).

“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,” Muturi said.

Legal experts note that court-ordered scrutiny and recounts are significant remedies, typically granted only when substantial questions arise regarding the credibility of an election.

The High Court emphasised that the exercise will be conducted under strict supervision to preserve the integrity of the materials and ensure compliance with electoral laws.

Political analysts say the outcome of the recount could have far-reaching implications for representation in Mbeere North and public confidence in electoral institutions.

As the process unfolds, attention will remain focused on whether the scrutiny confirms the declared results or reveals deeper flaws in the conduct of the by-election.

Further directions from the court are expected once the recount and examination of materials are completed, after which a final determination on the validity of the election will be made.

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High Court Orders Partial Recount in Mbeere North By-Election Following Irregularities