By BRIAN MUSYOKA
Election materials from the closely fought Mbeere North Constituency by-election have been secured at the Embu High Court, setting the stage for the hearing of petitions challenging the outcome of the poll.
On Tuesday, January 20, 2025, ballot boxes and other sensitive election equipment were moved from the Independent Electoral and Boundaries Commission (IEBC) offices in Embu town to a designated secure facility within the High Court compound. The move is intended to preserve the materials as potential evidence should the court order a scrutiny or recount.
The tightly controlled operation was supervised by Resident Magistrate Mercy Kinyua, who oversaw the transfer of 134 ballot boxes containing used ballot papers, as well as additional boxes holding rejected votes and KIEMS kits.
The exercise was carried out under heavy security, with representatives of all parties to the petition, IEBC officials, security agencies and members of the media present to witness the process and ensure transparency.
The transfer followed a preservation order issued on January 15, 2025, by High Court Judge Richard Mwongo, directing that all election materials be placed under court custody ahead of the hearing slated to begin on March 9.
Deputy Registrar Mercy Kinyua said the court would enforce strict access procedures to safeguard the integrity of the materials throughout the petition process.
She emphasized that no party would be allowed to access the secure storage facility on its own, noting that any entry would only be permitted in the presence of all concerned parties.
Chief Magistrate Francis Kyambia also assured the parties that the materials would be kept under maximum security for the duration of the case.
To promote joint accountability, all parties involved in the petitions including advocates for both the petitioners and respondents, the IEBC and the Judiciary have been issued with keys to the safe house where the materials are stored.
Lawyers representing the various sides were present during the transfer.
Dr. Adrian Kamotho Njenga appeared for the declared winner, Leonard Wamuthende, while petitioner Newton Kariuki Ndwiga was represented by advocate Kiriuki Njiri. The IEBC was represented by Embu County Returning Officer Agnes Mutisya.
The court is currently handling two election petitions arising from the by-election. The first was filed by Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, while the second was lodged by Newton Kariuki Ndwiga, who was also a candidate in the race.
In 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 respondent, and the declared winner, Leo Wa Muthende Njeru, as the fourth. The petition alleges irregularities in the conduct of the election and seeks to have the results nullified.
The parties are expected back in court on February 12 for further directions, as the High Court moves to determine the matter within the constitutionally stipulated 60-day period, with judgment expected by May 28.
MWINGI TIMES for timely and authoritative news.
No comments
Post a Comment