The High Court in Embu has ordered the Independent Electoral and Boundaries Commission (IEBC) to open up electronic voting data in the Mbeere North by-election dispute. The ruling deepens scrutiny of the election process and expands the ongoing verification exercise.
Justice Richard Mwongo delivered the decision on April 20, 2026. He directed that the scrutiny and recount process now include access to KIEMS kit logs from selected polling stations. Newton Kariuki Ndwiga filed the petition and continues to challenge parts of the election outcome.
Ndwiga returned to court and argued that the earlier scrutiny orders issued on March 27, 2026, had not been fully implemented. He said the process left out key electronic records, which weakened verification of the results.
A report by the Deputy Registrar dated April 17, 2026, confirmed gaps in compliance. It showed that IEBC had not provided access to KIEMS data.
“The court order could not be complied with unless further directions are given,” the report stated.
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The court agreed that full verification requires both physical and electronic records. Justice Mwongo therefore ordered IEBC to release KIEMS logs for polling day on November 27, 2025.
These records will come from Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School.
Officials will also compare the logs with physical voter registers. This process will help confirm voter turnout and highlight any irregularities.
In addition, the process will verify whether voters registered between June 21, 2022, and the by-election date participated in the vote.
IEBC and other respondents opposed the application. They argued that the petitioner tried to expand the original court orders beyond their intended scope. They maintained that they had already complied with the court’s directions during scrutiny.
They also relied on previous Supreme Court decisions to support their position and asked the court to maintain the original limits of the exercise.
Also Read: IEBC Reforms Ahead of 2027: Restoring Credibility or Redrawing Kenya’s Political Battleground?
However, the court rejected that argument. It held that KIEMS data formed part of the original scrutiny requirements. Therefore, it found the records necessary for a meaningful review of the election.
At the same time, the court raised concerns about how officials handled earlier scrutiny. It noted that at Gitiburi and Kaungu polling stations, officers conducted only ballot recounts instead of full scrutiny. That deviation raised doubts about whether all court directions were followed fully.
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IEBC Acting CEO Moses Sunkuli on April 21, 2026 met staff from Kisii and Homa Bay counties during consultative meetings on the Enhanced Continuous Voter Registration exercise in Kenya. He addressed challenges affecting the process, including voter apathy, uncollected IDs, weather disruptions, and insecurity, as the teams worked to improve voter registration and participation. PHOTO/ IEBC X