Election materials for the Mbeere North parliamentary by-election held on November 27 last year have been delivered at Embu Law Courts for safe custody ahead of the hearing of a petition challenging the election of Leonard Wa Muthende as area MP.
The delivery followed an order issued at the High Court by Judge Richard Mwongo following an application by petitioners for the materials to be preserved within court precincts as part of evidence materials.
The task was successfully completed under a tightly coordinated exercise led by Embu Law Courts acting deputy registrar Mercy Kinyua, who also involved all parties in the petition.
The room that will hold the materials was also secured with each of the parties issued with a separate padlock and keys, meaning that no party can access the room without involving other parties.
The room will also be under tight 24-hour police security to prevent unauthorized access, theft, or tampering, according to the acting deputy registrar.
Those present included advocate for MP Wa Muthende Dr. Adrian Kamotho, lead counsel for the petitioner Newton Karish, who contested but lost, Kariuki Njiiri, as well as Embu County Returning Officer Agnes Mutisya.
Speaking after the exercise, Acting Deputy Registrar Mercy Kinyua said the operation had gone on smoothly.
“Transporting and securing the ballot boxes from the IEBC offices to the custody of Embu Law Courts has been smooth. The materials are now under the custody of the court for easy retrieval should the need arise,” she said.
The legal teams representing various parties expressed satisfaction with the exercise, saying it was above board and in line with orders issued by Judge Mwongo.
With the materials, including ballot boxes containing ballot papers, voters’ registers, Kenya Integrated Electoral Management System (KIEMS) kits, and various result forms, the petition is expected to move to hearing, with the first session slated to commence on March 13.
Two petitions are before the court seeking nullification of Wa Muthende’s win, with the first being filed by two voters, Julieta Kairigi and Patrick Gitonga, while the second one has been filed by Karish, who lost narrowly to Muthende.
Both petitions are hinged on various grounds, including Wa Muthende’s identity and the overall conduct of the poll, which they argue was fraudulent.
On Wa Muthende’s identity, the petitioners argue that the MP was unlawfully cleared to contest over conflicting identities, as he is alleged to have changed his identity before nominations from Leonard Muriuki Njeru to Leo Wa Muthende Njeru.
They argued that despite the name change, the IEBC did not make any effort to update the name in the KIEMS kit, candidates register, ballot papers, and nomination documents, which continued to bear the former names that should essentially render the whole exercise null and void.
By Samuel Waititu
