The High Court has dismissed a constitutional petition challenging the national verification of presidential election results, affirming the IEBC’s authority to verify constituency tally forms before declaring the final winner.
In a ruling delivered on Tuesday, September 22, the court held that the final declaration made at the national tallying centre remains binding.
Busia Senator Okiya Omtatah had challenged the process, arguing that national-level verification amounts to an unlawful second stage that could undermine transparency and create room for human interference.
Why did Omtatah sue IEBC?
He wanted the IEBC chairperson to simply aggregate the final results submitted from the 290 constituencies without conducting additional verification at the national tallying centre.
The court, however, maintained that central verification serves as an important safeguard for checking the accuracy of results before the presidential winner is declared.
The judges also affirmed that where electronic results differ from physical records, the figures recorded at the polling station level should prevail.
The ruling comes amid growing debate over Kenya’s electoral system, including calls to abolish the central tallying facility at Bomas of Kenya.Former Chief Justice David Maraga recently argued that the Constitution does not expressly establish a central tallying centre and that presidential results should be finalised at constituency level.
Meanwhile, the court is also handling a separate petition challenging the holding of the 2027 General Election before a fresh review of constituency and ward boundaries.
Justice Gregory Mutai is scheduled to deliver a ruling on February 25, 2027. The petitioner argues that the last boundary review was conducted in 2012 and that a new review was constitutionally due by March 2024. The case contends that holding elections using outdated boundaries could affect fair representation amid changes in population, urbanisation and economic activity.
