The counting, scrutiny and verification of some ballots in the Mbeere North by-election petition kicked off on Monday at the Embu High Court, with journalists being locked out of the exercise.
The press was ordered to vacate the court premises just as the highly anticipated exercise was about to begin, effectively shutting out media coverage of a crucial stage in the case.
The development came as the court commenced the opening of ballot boxes, marking a significant step in the petition challenging the outcome of the Mbeere North by-election.
The court is also expected to verify other materials used during the election, a process that could play a key role in determining the validity of the results.
However, the exercise did not begin smoothly, as delays were witnessed in accessing the room where the election materials are stored.
The setback was caused by the absence of the petitioner’s representative, who holds a key to the storage facility, forcing proceedings to temporarily stall.
According to court proceedings, the key holder requested more time, further pushing back the start of the scrutiny exercise.
The delay caused frustration among legal teams, with lawyers representing the Independent Electoral and Boundaries Commission (IEBC) and those for Mbeere North MP Leo wa Muthende Njeru calling for immediate intervention.
The lawyers demanded that the door be forcefully opened to allow the process to proceed without further delays, even suggesting the use of a grader to break it open.
Their push highlighted the urgency surrounding the scrutiny, as both sides seek clarity on the integrity of the election materials.
The outcome of the scrutiny is expected to significantly influence the direction of the petition, as the court works to determine the credibility of the Mbeere North by-election results. Newton Kariuki Ndwiga is the one challenging the election victory of Njeru, who won the by-election with a small margin. In his affidavit, Ndwiga claims that the by-election was marred with irregularities and the election results should be nullified.
He alleged that in some polling stations, voting was disrupted, suspended, or abandoned due to violence and intimidation.
He also alleged that some duly registered voters were turned away at polling stations or denied the right to vote through unlawful manipulation of the register or failure of prescribed voting procedures.
He also claimed that counting and tallying of votes was conducted in opacity, while statutory forms were unsigned, forged or defective.
Further, Ndwiga argued that there was voter bribery and undue influence of voters, which is an electoral offence. He invites the Court to undertake a quantitative analysis by identifying the number of votes affected by each of the alleged irregularities, aggregating such votes and comparing the total against the margin of victory declared by the Independent Electoral and Boundaries Commission (IEBC).
Mr Njeru, who has already been sworn in as the Mbeere North MP, IEBC, Mbeere North Constituency returning officer John Mwii Kinyua have been cited as the first, second and third respondents respectively.
