Busia Senator Okiya Omtatah Okoiti has asked the High Court to declare the National Tallying Centre unconstitutional, arguing that it poses a serious threat to the credibility of the 2027 General Elections.
In a petition filed at the Milimani High Court, the outspoken legislator wants the long-standing practice of centralised presidential tallying scrapped altogether. The National Tallying Centre commonly hosted at the Bomas of Kenya serves as the secure hub where the Independent Electoral and Boundaries Commission (IEBC) verifies and tallies presidential results.
But Omtatah says the centre has become a “breeding ground for manipulation, interference, delays and confusion,” claiming it has repeatedly undermined the finality of constituency-level presidential results.
In a statement released on Sunday, November 24, through his X account, the senator said he filed Constitutional Petition No. E757 of 2025 to protect the integrity of Kenya’s presidential election process.
“This petition challenges the unconstitutional establishment and operation of the National Tallying Centre during presidential elections, as well as Sections 39, 39(1C), and 39(1G) of the Elections Act and Regulation 83(2) of the Elections (General) Regulations,” Omtatah said.
He argues that current laws unlawfully introduce extra layers of verification that do not appear in the Constitution, thereby creating opportunities for manipulation. The petition seeks the revocation of these provisions.
Omtatah maintains that restructuring the IEBC’s operational framework now is the only way to prevent a repeat of what he terms “Bomas drama” in 2027.
“If successful, this petition will fundamentally transform the management of presidential elections from 2027 onwards, ensuring a transparent, decentralised, and constitutionally faithful process,” he said.
The senator also wants final constituency results posted publicly at each constituency on physical notice boards and through the media rather than relying solely on online publication. He is further seeking the removal of what he calls “unlawful verification powers” granted to county returning officers and the IEBC chairperson.
“Our democracy must be anchored not on improvised systems, but on the letter and spirit of our Constitution. This petition is part of my continued commitment to defend the rule of law, protect the sovereign will of the people, and secure free, fair, and credible elections,” he added.
