Busia Senator Okiya Omtatah has filed a petition in the High Court, seeking to dismantle the National Tallying Centre used during presidential elections. He argues that the centre, which consolidates and verifies results at the national level, undermines the Constitution by disregarding the finality of results declared at constituency level.
Filed as Constitutional Petition No. E757 of 2025, the case challenges the legality of the National Tallying Centre, Section 39 of the Elections Act, and Regulation 83(2). Omtatah says these provisions create extra layers of verification at the county and national level, grant powers to County Returning Officers and the IEBC Chairperson to re-check or change results, and delay public access to election outcomes. He insists these measures contradict the Constitution and invite unnecessary interference and delays.
“I have filed this petition to defend the integrity of Kenya’s presidential election process and to uphold the Constitution of Kenya, 2010,” Omtatah said.
The senator’s argument centres on Article 138(10), which he says limits the Chairperson’s role to summing up results already finalised by constituency officials and declaring the winner.
He emphasises that once the Constituency Returning Officer completes counting, records votes on Forms 34A, announces results on Form 34B, and posts them publicly, the outcome is binding. “No law or regulation may introduce a second layer of verification at the county or national level,” he added.
Omtatah warns that the current system allows manipulation, delays, and undermines public confidence in elections.
“Current laws and IEBC practice unlawfully create a parallel system of verification at the National Tallying Centre, which treats final constituency results as provisional, enables interference, manipulation and delays, undermines transparency, and fuels mistrust, violating the people’s sovereign will as expressed at the constituency level,” he said.
The petition requests the High Court to declare the National Tallying Centre unconstitutional, annul the relevant sections of the Elections Act and Regulations, enforce immediate public posting of final constituency results, and restore strict adherence to Articles 86 and 138 of the Constitution.
It also seeks to remove what Omtatah describes as illegal verification powers from County Returning Officers and the IEBC Chairperson.
He highlighted that disputes in the 2013, 2017, and 2022 presidential elections stemmed from the second verification stage, and that relying solely on the IEBC’s online portal limits access, particularly in rural areas.
“The results must also be posted physically at the constituency level and the media must be free to announce them immediately,” he said.
The petition lists the IEBC, the Attorney General, the National Assembly, the Senate, and the IEBC Chairperson as respondents. The Katiba Institute has been admitted as an interested party due to its expertise in constitutional law.
