EMBU, Kenya — The legitimacy of the Mbeere North parliamentary seat is back under the microscope. In a ruling that has electrified local politics, High Court Judge Richard Mwongo has granted an application for the scrutiny and recount of ballots in selected polling stations following allegations of widespread irregularities during the November 2025 by-election.
The petitioner, Newton Kariuki, who finished second in the race, successfully argued that a targeted recount is necessary to verify the integrity of the results that saw Leonard “Leo” Wamuthende declared the winner.
1. The Scope of the Scrutiny
Unlike a total recount, the court has ordered a limited scrutiny focusing on specific areas where the petitioner alleged:
Tallying Discrepancies: Conflicts between the figures recorded in Form 35A at polling stations and those entered in the final Form 35B at the tallying center.
Unused Ballot Papers: Discrepancies in the accounting of unused and spoiled ballot papers.
Violence and Intimidation: The court is examining how the chaos reported on election day—which saw tallying delayed—impacted the final count.
2. A “Big Win” for the Petitioner
Legal teams representing the petitioner, including prominent lawyers linked to the Democracy for the Citizens Party (DCP), hailed the decision as a major step toward “unearthing the truth.” They contend that the November exercise was marred by voter bribery and the unauthorized alteration of figures.
Earlier in February, the court had dismissed two other petitions by voters due to a failure to deposit security for costs, making Newton Kariuki’s case the primary legal hurdle for MP Wamuthende.
3. The Defense’s Stance
The legal team for MP Leo Wamuthende maintains that the election was conducted fairly and that the petitioner’s claims are based on hearsay. They have argued that the narrow margin of victory was a true reflection of the voters’ will in a highly competitive race.
4. Security of Materials
To prevent any interference, Judge Mwongo has ordered that all election materials—currently held at the Embu Law Courts—remain under 24-hour police guard. The scrutiny process will be overseen by the Deputy Registrar of the High Court, with representatives from the IEBC, the petitioner, and the respondent present.
What’s Next?
The results of the scrutiny and recount are expected to be tabled in court in the coming days. If the findings show significant discrepancies, the court could potentially:
