A High Court decision has introduced fresh uncertainty in the outcome of the 2025 Mbeere North by-election after judges ordered a targeted recount of ballots and election materials.
The move follows disputes over how the election was conducted, where Leonard Wamuthende had earlier been declared the winner under the United Democratic Alliance.
The ruling was delivered by Richard Mwongo at the Embu High Court, who directed that only specific polling stations and ballot boxes be reviewed.
The court made it clear that the recount would not cover the entire constituency, but would instead focus on areas where credible concerns had been raised. Claims of voter bribery and widespread tampering were dismissed due to lack of sufficient evidence.
The judge explained that the decision was based on submissions from both sides of the case, as well as findings from the District Returning Officer.
According to the court, there was enough reason to carry out limited scrutiny to verify the integrity of certain election materials.
Particular attention has been placed on a ballot container identified as Ballot Box No. 135. The court noted that it contained materials described as strategic, which were delivered to the tallying centre without proper documentation.
This raised concerns about how election materials were handled, as such items are expected to remain within designated polling station ballot boxes throughout the process.
In addition, the court ordered that 15 boxes containing KIEMS kits be opened. These kits are essential in identifying voters and recording turnout, and the review will focus on polling stations where discrepancies were reported.
The scrutiny will also cover voter registers and KIEMS logs from centres such as Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School.
A full recount will take place in selected polling stations where serious disruptions were recorded.
These include Gitiburi 1 and 2, where a fire incident affected the handling of election materials, and Kaungu polling station, where violence and overcrowding forced a temporary closure.
The court also directed a review of Form 35A documents from eight polling stations after reports of alterations. These forms are critical in recording final vote counts at the polling station level, and any inconsistencies could affect the overall outcome.
The by-election, held on November 27, 2025, had already drawn attention due to reports of violence and irregularities. The latest court order is likely to intensify political and public interest in the final result.
Reacting to the ruling, Justin Muturi welcomed the decision, describing it as a step toward transparency and accountability.
He also criticized the Independent Electoral and Boundaries Commission, questioning how the election was managed and calling for a thorough review of the process.
