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Post Reply: Justice Mwongo Orders Secure Custody of Mbeere North By-Election Materials Following Irregularity Claims

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on January 16, 2026, 5:56 am</div><div id="pl-8742" class="panel-layout">
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<p dir="auto">The High Court in Embu has directed the Independent Electoral and Boundaries Commission (IEBC) to hand over all materials used in the Mbeere North parliamentary by-election for secure custody and scrutiny. This follows two petitions challenging the results due to alleged irregularities.</p>
<p dir="auto">Justice Richard Mwongo issued the order during a pre-trial conference held on January 15, 2026. The court requires the IEBC to surrender ballot boxes, Kenya Integrated Electoral Management System (KIEMS) kits, boxes containing ballot papers, and all other related election materials. These items will now remain under the court's secure custody.</p>
<p dir="auto">To ensure transparency and prevent unauthorized access, the storage room will feature multiple padlocks, with each of the involved parties receiving a key. Access to the materials will only occur in the presence of all parties. The room will stay under 24-hour guard by armed police officers. The court's deputy registrar will prepare a comprehensive inventory documenting the location and details of every item.</p>
<p dir="auto">The petitions were filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni in the first case, and Newton Kariuki Ndwiga in the second. The respondents include the IEBC, Leonard Wa Muthende (the declared winner of the by-election), and John Mwii Kinyua (the constituency election returning officer).</p>
<p dir="auto">The challenges center on questions regarding Leonard Wa Muthende's identity, voter registration processes, nomination procedures, and overall polling conduct. Petitioners have raised concerns about the credibility of the results, including claims of name discrepancies in nomination papers, voter registers, and election materials.</p>
<p dir="auto">The by-election took place on November 27, 2025, to fill the Mbeere North parliamentary seat. Leonard Wa Muthende of the United Democratic Alliance (UDA) emerged victorious with 15,802 votes. He narrowly defeated Newton Kariuki Ndwiga of the Democratic Party (DP), who received 15,308 votes. The contest drew significant attention amid high voter turnout and prior reports of campaign tensions.</p>
<p dir="auto">The court has allowed seven days for the parties to explore a possible settlement on the issue of security for costs. Petitioners must also submit any missing documents, pages, or video clips within the same period. Justice Mwongo scheduled the final judgment for May 21, 2026, emphasizing that election petitions must follow the strict six-month timeline required by law.</p>
<p dir="auto">The proceedings attracted considerable public interest, with heightened security at the court and live-streaming of the session to manage attendance. The two petitions will proceed separately without consolidation.</p>
<p dir="auto">The IEBC and representatives for Wa Muthende have defended the by-election, describing it as conducted in substantial compliance with the Constitution and the law, reflecting the true will of the electorate. They have rejected the allegations, noting that any name variations were harmless and did not affect the outcome.</p>

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