The exercise, supervised by Deputy Registrar Mercy Kinyua, officially kicked off but experienced delays after the petitioner failed to promptly open padlocks securing the storage room where ballot boxes and KIEMS kits are preserved.
The recount follows a ruling delivered virtually on Friday by Justice Richard Mwongo, who directed that scrutiny be conducted in selected polling stations where electoral irregularities were reported.
The by-election, conducted by the Independent Electoral and Boundaries Commission (IEBC), had declared Leonard Wamuthende Njeru of the United Democratic Alliance (UDA) as the winner.
However, the results were challenged by Newton Kariuki Ndwiga of the Democratic Party (DP), who filed a petition contesting the outcome.
Justice Mwongo ordered the opening and examination of ballot boxes and electoral materials in several polling stations, including Gitiburi 1 and 2, Kaungu, Siakago Social Hall, Mwondu Primary School, and Gikuyari Primary School. Additional stations listed for scrutiny include Nthigirani 1/1, Kamauwa 1/1, Gwakaithi 1/1, Mbaruari 1/1, and Cingera 2/2.
Tension briefly flared at the court premises after the petitioner’s legal team delayed in producing the required keys to access the storage facility, despite being the party seeking the scrutiny.
Petitioner’s lawyer, Ndegwa Njiru, was seen making frantic calls to colleagues who were yet to arrive in court with the remaining keys needed to open the locks.
In response, the respondents’ legal team, led by Adrian Kimotho, made a formal application seeking the court’s permission to break the padlocks to allow the exercise to proceed without further delay.
Kimotho argued that failure by the petitioner to facilitate access was hindering the court process, adding that should the court allow the application, the petitioner risks losing the privilege of accessing the tallying centre at the High Court.
Following a brief altercation between the lawyers, the Deputy Registrar ordered members of the media to be escorted out of the court premises to allow proceedings to continue without disruption.
The scrutiny and recount exercise is expected to play a critical role in determining the validity of the election outcome in Mbeere North.
