NAIROBI, Kenya — The High Court of Kenya has ordered a scrutiny and partial recount of votes in the contested Mbeere North parliamentary by-election, in a ruling that could influence the final outcome of the race.
Delivering the decision on March 27, Justice R. Mwongo directed that selected polling stations and election materials be subjected to detailed examination following irregularities raised in a petition.
The case, Newton Kariuki Ndwiga v Independent Electoral and Boundaries Commission & Others, challenges the credibility of the November 27, 2025, by-election, which was marred by violence and alleged procedural lapses.
Targeted scrutiny and recount
The court ordered a limited scrutiny and recount in specific polling stations where inconsistencies were identified, rather than a full constituency-wide exercise.
Justice Mwongo directed the opening of ballot boxes containing strategic materials, as well as multiple boxes holding election records, including voter registers and polling station documents.
A full recount will be conducted in selected polling stations, including those affected by disruptions such as fire incidents and violence during voting.
Access to KIEMS data
Crucially, the court ordered access to data from the Kenya Integrated Election Management System (KIEMS), used by the Independent Electoral and Boundaries Commission (IEBC) for voter identification and results transmission.
The ruling directs that KIEMS kits from multiple polling stations be opened and analysed to verify voter identification records and reconcile them with manual registers.
This move is expected to play a central role in determining whether irregularities affected the integrity of the election.
Irregularities flagged
The court noted concerns over unexplained materials found in ballot boxes, alterations in official forms, and discrepancies between physical records and electronic data.
In some polling stations, scrutiny will focus on whether unregistered or unidentified voters participated in the election.
The Deputy Registrar has been tasked with conducting the scrutiny exercise and filing a report by April 17, 2026, after which the court will hear final submissions.
The ruling marks a significant step in the ongoing legal battle over the Mbeere North seat and underscores the judiciary’s role in resolving electoral disputes through detailed examination of both manual and electronic voting systems.
