EMBU, Kenya — The legitimacy of the Mbeere North parliamentary seat is currently under the microscope of the judiciary. This week, High Court Judge Richard Mwongo issued a pivotal order for the limited scrutiny and recount of ballots in specific polling stations, marking a significant “big win” for the petitioner, Newton Kariuki.
The order comes after weeks of intense hearings where the court heard explosive testimony regarding alleged voter bribery, chaos at tallying centers, and the alteration of official results during the November 27, 2025, by-election.
1. The Focus of the Scrutiny
The court has not ordered a blanket recount but rather a targeted exercise aimed at resolving specific discrepancies raised by the petitioner’s legal team, led by the firebrand lawyer Ndegwa Njiru. The scrutiny will focus on:
Form 35A vs. Form 35B: Verifying if the results announced at the polling stations match the final tallies entered at the constituency level.
Spoiled & Unused Ballots: Accounting for every single paper to ensure no “ballot stuffing” occurred during the late-night tallying delays.
Specific Polling Stations: The exercise is restricted to areas where the petitioner provided prima facie evidence of irregularities.
2. The Legal High Stakes
In February, Judge Mwongo dismissed two other petitions filed by voters for failing to deposit the mandatory Ksh 500,000 security for costs. This left Newton Kariuki’s petition as the sole remaining legal challenge to MP Leo Wamuthende’s victory.
During cross-examinations earlier this month, the court witnessed dramatic moments as witnesses were grilled on the “chaos and violence” that reportedly erupted at the Siakago tallying center, which the petitioner claims was used as a cover for rigging.
3. Security of the Evidence
To ensure the integrity of the process, the court has maintained a tight 24-hour security detail over the ballot boxes, which were delivered to the Embu Law Courts in January. The recount is being conducted under the supervision of the High Court Deputy Registrar, with agents from the IEBC, the petitioner, and the respondent present at every step.
4. Possible Outcomes
As the scrutiny process concludes, the court has three main paths:
Uphold the Win: If the recount confirms that the errors were minor and did not change the final winner.
A Fresh By-Election: If the irregularities are found to be so pervasive that the “true will of the people” cannot be determined.
Declaration of a New Winner: A rare outcome, only possible if a recount proves the petitioner actually received more valid votes than the declared winner.
What’s Next?
The court is expected to receive the final report from the scrutiny exercise by the first week of April. Until then, the people of Mbeere North remain in a state of political suspense.
