Election materials secured at Embu High Court ahead of Mbeere North petition hearing

Ballot boxes and other sensitive materials from last year’s hotly contested Mbeere North Constituency by-election were on Tuesday transferred and placed under the custody of the Embu High Court.

The move aims to preserve evidence in anticipation of a potential recount during the hearing of an election petition challenging the results, scheduled to begin on March 9, 2025.

The transfer operation was overseen by Deputy Chief Magistrate Mercy Kinyua, who supervised the movement of 134 ballot boxes containing ballot papers and additional boxes holding rejected votes.

The materials were moved from the Independent Electoral and Boundaries Commission (IEBC) offices in Embu town to a secure holding facility at the High Court, a distance of roughly 200 metres covered under tight security.

Representatives from all parties involved in the petition, IEBC officials, security officers, and members of the media witnessed the process.

The action follows a preservation order issued by High Court Judge Richard Mwongo on January 15, 2025.

The order mandated that all election materials be secured at the court to ensure their integrity and immediate availability for any scrutiny or recount ordered during the proceedings.

Deputy Registrar Mercy Kinyua emphasized the strict security protocols governing access to the stored materials.

She stated that no party would be allowed to access the safe house without the presence of the others, a measure designed to handle the process transparently and maintain public trust.

Chief Magistrate Francis Kyambia also assured all parties that the election materials would be kept under high security.

All involved parties, including the petitioners’ and respondents' advocates, the IEBC, and the Judiciary, hold keys to the safe house, ensuring joint access.

During the transfer, the parties were represented by their legal teams. Dr. Adrian Kamotho Njenga appeared for the declared winner, Leonard Wamuthende.

Newton Kariuki, the petitioner, was represented by Kiriuki Njiri, while the IEBC was represented by Embu County Returning Officer Agnes Mutisya.

Two separate petitions are currently before the court. The first was filed by petitioners Julieta Karigi Kithumbu and Patrick Gitonga Gichoni.

The second was lodged by Newton Kariuki Ndwiga, who was also a candidate in the by-election. Both petitions seek to nullify the election results and call for a fresh poll.

In one of the petitions (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 petition alleges various irregularities in the electoral process.

The parties are expected back in court on February 12 for further directions. The High Court is set to determine the matter within a constitutionally mandated 60-day period, with a deadline for delivering judgment set for May 28.