The case, filed by petitioner Newton Kariuki Ndwiga, challenges aspects of the by-election process and seeks to verify the integrity of voter registration and participation data.
Ndwiga had moved to court seeking clarification on earlier orders issued on March 27, 2026, arguing that the Deputy Registrar’s execution of the scrutiny exercise was incomplete.
He contended that without access to the electronic data captured in the KIEMS kits, the process would not provide a full and accurate picture of what transpired during the election.
Justice Mwongo, in his ruling, agreed that access to the electronic records was necessary to ensure a comprehensive review of the disputed results.
He directed that the scrutiny exercise be broadened to include retrieval and analysis of KIEMS logs from selected polling stations identified in the petition.
The judge noted that electronic voting data plays a critical role in modern elections, particularly in verifying voter turnout, identification processes, and the overall integrity of the electoral system.
He emphasised that allowing access to such data would enhance transparency and accountability in the handling of the dispute.
The order is expected to provide the petitioner with an opportunity to examine whether the data recorded in the KIEMS kits aligns with the results declared at the polling stations.
It also opens the door for a more detailed assessment of any discrepancies that may have arisen during the voting and tallying process.
The IEBC is now required to facilitate the exercise by providing the necessary data and technical support to enable the scrutiny to proceed as directed by the court.
This includes making available the KIEMS kit logs for the specified polling stations within the timelines set by the court.