Waziri Mayai Wa Maradhi
JF-Expert Member
- Jan 28, 2026
- 409
- 98
In a major move in the ongoing Mbeere North by-election lawsuit, the High Court in Embu has ordered the Independent Electoral and Boundaries Commission (IEBC) to provide complete access to electronic vote data.
In a decision rendered on April 20, 2026, Justice Richard Mwongo mandated that access to the Kenya Integrated Election Management System (KIEMS) kit records for certain polling places be added to the scrutiny and recount process.
Newton Kariuki Ndwiga, the petitioner, filed the complaint, which aims to confirm the accuracy of voter registration and participation statistics while contesting some aspects of the by-election procedure.
The petitioner claimed that the Deputy Registrar's execution of the inspection exercise was insufficient and filed a motion in court to seek clarity on previous decisions granted on March 27, 2026.
He argued that important elements had been left out, especially access to KIEMS records, which reduced the verification process' efficacy.
Justice Mwongo concurred, pointing out that the initial decision mandated a comparison between voter registers found in KIEMS kits and those found in physical locations.
But according to the Deputy Registrar's report on April 17, 2026, such access had not been provided, making it difficult to fully comply with the court's directives.
The court has now ordered IEBC to grant complete access to KIEMS logs at three polling places on November 27, 2025: Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School.
This access will allow the identification of any extra voters registered between June 21, 2022, and the by-election date, as well as the comparison of KIEMS data with physical voter registers.
Additionally, it would allow for the cross-checking of polling station diaries in the event of inconsistencies to confirm whether these individuals cast ballots.
The petitioner was trying to broaden the scope of the court's initial orders, according to IEBC and other respondents, who had opposed the application.
They cited earlier Supreme Court rulings to bolster their claim that the vetting process had been carried out within the parameters established by the court.
Nonetheless, the court determined that access to KIEMS data was required for a meaningful scrutiny process and implied in its previous rulings.
In addition, the court pointed out that, in contrast to its original orders, only ballot recounts—rather than thorough examination—had been carried out at the voting places in Gitiburi and Kaungu. This led to further questions over the exercise's completeness.
In a decision rendered on April 20, 2026, Justice Richard Mwongo mandated that access to the Kenya Integrated Election Management System (KIEMS) kit records for certain polling places be added to the scrutiny and recount process.
Newton Kariuki Ndwiga, the petitioner, filed the complaint, which aims to confirm the accuracy of voter registration and participation statistics while contesting some aspects of the by-election procedure.
The petitioner claimed that the Deputy Registrar's execution of the inspection exercise was insufficient and filed a motion in court to seek clarity on previous decisions granted on March 27, 2026.
He argued that important elements had been left out, especially access to KIEMS records, which reduced the verification process' efficacy.
Justice Mwongo concurred, pointing out that the initial decision mandated a comparison between voter registers found in KIEMS kits and those found in physical locations.
But according to the Deputy Registrar's report on April 17, 2026, such access had not been provided, making it difficult to fully comply with the court's directives.
The court has now ordered IEBC to grant complete access to KIEMS logs at three polling places on November 27, 2025: Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School.
This access will allow the identification of any extra voters registered between June 21, 2022, and the by-election date, as well as the comparison of KIEMS data with physical voter registers.
Additionally, it would allow for the cross-checking of polling station diaries in the event of inconsistencies to confirm whether these individuals cast ballots.
The petitioner was trying to broaden the scope of the court's initial orders, according to IEBC and other respondents, who had opposed the application.
They cited earlier Supreme Court rulings to bolster their claim that the vetting process had been carried out within the parameters established by the court.
Nonetheless, the court determined that access to KIEMS data was required for a meaningful scrutiny process and implied in its previous rulings.
In addition, the court pointed out that, in contrast to its original orders, only ballot recounts—rather than thorough examination—had been carried out at the voting places in Gitiburi and Kaungu. This led to further questions over the exercise's completeness.