The High Court in Embu has directed that all election materials used in the Mbeere North parliamentary by-election be placed under court custody for examination, amid legal challenges questioning the poll’s integrity.
The decision follows claims by voters who have raised concerns over the conduct of the November 27, 2025, by-election and the credibility of its results.
During Thursday’s pre-trial conference, Justice Richard Mwongo explained that the move is intended to allow careful verification of electoral documents. “Transparency and proper scrutiny of the election materials are essential before any judgment can be made,” he said.
The Independent Electoral and Boundaries Commission has been instructed to hand over all relevant election items, including ballot boxes, Kenya Integrated Electoral Management System kits, and ballot papers.
These materials will be stored in a secured court facility, accessible only when all parties involved are present.
“All election materials shall be kept in the custody of the court, and each of the parties will be given a key. Nobody will be able to access the store without the presence of the other parties. The room will be under 24-hour guard by armed police officers,” Justice Mwongo said.
He further directed the court’s deputy registrar to compile a detailed inventory of the materials, noting the location of each item to ensure full transparency.
The order came in response to two separate petitions challenging the by-election outcome. The first was filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, while the second was lodged by Newton Kariuki Ndwiga.
Both petitions list IEBC, the declared winner Leonard Wa Muthende of the United Democratic Alliance, and constituency election returning officer John Mwii Kinyua as respondents.
The petitions raise issues over Wa Muthende’s identity, voter registration, candidate nomination, and how polling was conducted during the by-election. In response, Wa Muthende, through his lawyer Adrian Kamotho Njenga, defended the election, saying it reflected the will of voters and complied with legal and constitutional requirements.
Kamotho challenged the first petition, arguing that it should be dismissed because the petitioners failed to pay the required Sh500,000 security for costs within ten days as mandated by Section 78 of the Elections Act, 2011.
“An election petition is deemed to be properly filed only if the security deposit is made within ten days. Any failure is incurable. If a petitioner does not deposit security for costs, no further proceedings should be taken,” he said.
The petitioners countered that their case was originally filed as a constitutional petition before the election court was established, and no invoice for security was issued by the Judiciary at that time.
Justice Mwongo allowed seven days for the parties to attempt to resolve the matter and confirmed that the petitions would proceed separately rather than being consolidated.
IEBC, represented by lawyer Charles Mwongela, also rejected the claims, stating that Wa Muthende was duly cleared and properly registered as a candidate.
Any variations in his name, the commission explained, were due to the voter register being frozen prior to the by-election, a factor that did not affect voters or the final outcome.
The pre-trial conference drew widespread public interest and was conducted under tight security, with live-streaming arrangements put in place to manage crowding.
Procedural questions arose regarding whether IEBC could continue to be represented by a private law firm, following recent court directives limiting public agencies from engaging external counsel. Justice Mwongo instructed petitioners to file a formal application for clarification.
On evidence disclosure, the court ordered the petitioners to provide missing documents, pages, and video clips within seven days. IEBC confirmed that it had already filed responses and would submit the voters’ register.
The judge reminded all parties that election petitions are subject to strict six-month timelines and set May 21, 2026, as the date for delivering the final judgment.
