Ballot boxes and other sensitive materials from the Mbeere North Constituency by-election held last year were on Tuesday transferred to the custody of the Embu High Court, in preparation for a potential recount during the pending election petition.
The transfer, overseen by Deputy Chief Magistrate Mercy Kinyua, involved 134 ballot boxes containing ballots and additional boxes holding rejected votes. The materials were moved from IEBC offices in Embu town to a secure court facility, roughly 200 metres away, under tight security.
Representatives from all parties, including the IEBC, legal teams, security officers, and media, witnessed the exercise to ensure transparency. The move followed a preservation order issued by High Court Judge Richard Mwongo on January 15, 2025, mandating that all election materials be secured to maintain their integrity.
Security and Access Measures
Deputy Registrar Kinyua emphasized that access to the materials would be strictly controlled, with no party allowed to enter the storage facility without the presence of the others. Keys to the facility are jointly held by the petitioners’ and respondents’ legal representatives, IEBC officials, and Judiciary personnel, ensuring shared access and accountability.
Chief Magistrate Francis Kyambia reassured parties that the materials would be kept under high security, preserving public trust in the electoral process.
Legal Representation
During the transfer, legal representation included:
- Dr. Adrian Kamotho Njenga for the declared winner, Leonard Wamuthende
- Kiriuki Njiri for petitioner Newton Kariuki
- Agnes Mutisya, Embu County Returning Officer, representing the IEBC
Election Petitions
Two petitions challenging the by-election results are currently before the court:
- Filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni
- Filed by Newton Kariuki Ndwiga, also a by-election candidate
In one petition (Election Petition No. E002 of 2025), the IEBC is listed as the first respondent, the Returning Officer as the second, John Mwii Kinyua as the third, and the declared winner Leonard Wamuthende Njeru as the fourth respondent. The petitions allege various irregularities and seek nullification of the results and a fresh poll.
The parties are expected back in court on February 12 for further directions, with the High Court required to determine the matter within the constitutionally mandated 60-day period. The deadline for delivering judgment is May 28, 2025.
The secure storage of ballots underscores the judiciary’s commitment to transparency, accountability, and the integrity of Kenya’s electoral processes, ensuring that any recount or scrutiny is conducted fairly and efficiently.
