The High Court has ordered a limited scrutiny of Kenya Integrated Election Management System kits and a recount of ballots in the disputed Mbeere North parliamentary by-election in Embu County.
In a ruling delivered on 27 March 2026, Justice R. Mwongo directed that specific polling stations and election materials be examined to verify the credibility of the results that declared Leonard Wamuthende Njeru the Member of Parliament.
The court said the exercise will focus on identified areas where irregularities were detected, in line with Section 82 of the Elections Act and Rules 28 and 29 of the Elections (Parliamentary and County Elections) Rules.
Justice Mwongo ordered the opening of ballot boxes containing strategic materials that were delivered to the tallying centre without proper documentation or explanation.
The court also directed scrutiny of 15 ballot boxes containing KIEMS kits and four additional boxes holding materials such as polling station diaries and Forms 32.
Polling stations affected by the scrutiny include Nthigirani, Kamauwa, Gwakaithi, Siakago Social Hall, Mbaruari and Cingera, where voter registers will be compared against KIEMS records and official logs.
A full recount will be conducted at Gitiburi 1 and 2 polling stations after a fire incident disrupted the chain of custody of election materials. Another recount was ordered at Kaungu polling station, where violence caused a temporary suspension of voting for 30 minutes.
The court further ordered scrutiny of Forms 35A from eight polling stations, including Rwagori, Karimari, Kanyuambora, Karambari, Kamauwa, Ibutuka, Kogari and St Maryβs Kanganga primary schools, following reports of alterations.
While allowing the scrutiny and recount, the court dismissed wider allegations of voter bribery and ballot tampering due to insufficient evidence.
However, Justice Mwongo noted that specific anomalies identified in the Deputy Registrar report warranted verification through a structured audit process.
The Deputy Registrar will oversee the exercise and is expected to submit a report by 17 April 2026. A hearing for final submissions and review of the findings has been scheduled for 22 April 2026.
The ruling is expected to influence how election disputes involving technology and vote integrity are handled in Kenya.
The Mbeere North by-election, held on 27 November 2025, was marred by violence and allegations of irregularities, prompting the petition.
Observers say the court decision reinforces the role of the judiciary in ensuring transparency and accountability in electoral processes.
