Electoral procedures were compromised at Gitiburi Polling Station in Nthawa Ward, which had two voting streams, Mr Njeru Ngari, the chief agent for Democratic Party candidate Newton Kariuki Ndwiga, claimed Wednesday.
Testifying before the Embu High Court on the second day of the case hearing challenging the election victory for Mbeere North MP, Leo Wa Muthende Njeru, Mr Ngari said ballot boxes from both streams were taken to a single room where the tallying process was conducted.
Ngari further told the court that tension and chaos erupted at the polling station later in the evening after what he described as the entry of government officials into the station, an incident he said disrupted both the voting and tallying processes.
He explained that at the time the events were unfolding, he was in Siakago when he received a distress call from the DP agent stationed at Gitiburi Polling Station.
The agent allegedly informed him that the situation had deteriorated and that the normal electoral procedures were no longer being followed.
Ngari testified that he immediately made efforts to travel to the polling station to verify the situation. However, he told the court that he was unable to access the station after he was allegedly blocked by individuals who had gathered at the gate, preventing him from entering.
The chief agent further alleged that agents representing other political parties were ordered out of the polling station when the tallying of votes started. According to him, this action effectively left the process without the presence of agents from other parties.
In a startling claim, Ngari told the court that all the ballot boxes from the two streams at Gitiburi were locked inside a vehicle outside the polling station.
He alleged that the boxes were held there while awaiting the arrival of the Cabinet Secretary for Public Service, Human Capital Development and Special Programmes, Geoffrey Ruku, before the tallying exercise could commence.
Ngari also informed the court that irregularities were not limited to the Gitiburi Polling Station. He cited Kaungu Polling Station, where he alleged that chaos broke out during the voting process and lasted for approximately two hours.
Despite the disruptions, Ngari told the court that voting at Kaungu eventually resumed and concluded at around 5 p.m. in the evening, although he maintained that the disturbances had significantly interfered with the voting process.
Turning to Makunguru Polling Station, Ngari testified that he had personally visited the station early in the morning, where he cast his vote. However, he said he did not see a manual voter register being used at the station, raising concerns about the transparency of the voting process.
During cross-examination by counsel for the Independent Electoral and Boundaries Commission (IEBC), Charles Mwongela, Ngari maintained that in some polling stations, DP agents were not present during the closure of polling stations. He cited Gitiburi as one of the stations where their agents allegedly did not witness the official closing procedures.
Pressed further by the defence, Ngari admitted that he did not personally identify the individuals who allegedly carried the ballot boxes from the polling station and placed them in a vehicle. He said he had been informed by the DP agent at the station that the individuals involved were not wearing reflector jackets bearing the official IEBC branding.
Ngari also claimed that at Makunguru Polling Station, some voters were allegedly bribed with items including maize flour and other goods to influence how they voted.
The witness was later subjected to intense cross-examination by counsel Mwaniki Gachuba representing Leo wa Muthende Njeru, who sought clarification on Ngari’s claims that Cabinet Secretary Geoffrey Ruku had interfered with the tallying process at Gitiburi Polling Station.
The defence counsel questioned Ngari on how exactly the Cabinet Secretary allegedly placed the polling station under his control, with Ngari insisting that once Ruku arrived, agents from other political parties were not allowed inside the station.
In a further line of questioning, the defence sought to establish Ngari’s personal relationship with the Cabinet Secretary. Counsel asked whether Ngari had previously had any disagreements with Ruku.
Reference was made to a 2022 incident involving a community-based organisation where Ngari had reportedly faced allegations of misappropriation of funds. Ngari admitted that the matter arose at the time and said he had approached Ruku seeking assistance to settle the issue by paying the money on his behalf.
However, Ngari said the Cabinet Secretary did not pay the money as requested, a line of questioning that appeared aimed at testing whether his testimony against Ruku could have been influenced by a personal dispute.
The hearing of the petition continues on Thursday as the court examines the claims of electoral malpractice and the responses from the defence in a case that could determine the fate of the contested Mbeere North parliamentary by-election.
In his affidavit, Ndwiga claims that the by-election was marked with irregularities and the election of Njeru should be nullified.
