Court to rule on opposition leaders' bid to scrap national tallying centre in 2027 poll

By  Joseph Wangui

Correspondent

Nation Media Group

The High Court is set to rule on the legality of the national tallying centre for presidential election results and the extent of the electoral commission chairperson’s powers in handling constituency tallies.

Justice Gregory Mutai was scheduled to deliver the decision on Friday, September 18, in two petitions filed by Busia Senator Okiya Omtatah and opposition leaders led by Wiper leader Kalonzo Musyoka and DCP leader Rigathi Gachagua.

The respondents include the Independent Electoral and Boundaries Commission (IEBC), its chairperson, the Attorney General, the National Assembly and the Senate.

However, the judge postponed to Tuesday September 22 the court's judgment, a decision that was not opposed by any of the parties.

The petitions challenge whether presidential results declared by constituency returning officers can be subjected to further verification, re-tallying or alteration at county and national levels.

The dispute has attracted political interest ahead of the 2027 General Election, with opposition leaders separately pushing for changes to the system used to tally and declare presidential results.

The petitioners argue that the Constitution makes the constituency the primary and final point for tallying, verifying and declaring presidential results.

They want the court to declare the establishment and operation of the national tallying centre for further verification unconstitutional, null and void.

The petitions are also challenging Section 39 of the Elections Act, arguing that it introduces additional layers of verification beyond those permitted by Articles 86 and 138 of the Constitution.

They want the court to declare that county returning officers may only collate and declare constituency results, without altering or re-tallying them.

The petitions further seek declarations limiting the IEBC chairperson’s role to collating results received from constituencies and declaring the winner.

They argue that the chairperson should not re-tally or re-verify polling station results at the national centre.

The consolidated petitions are also challenging Regulation 83(2) of the Elections (General) Regulations, which provides for tallying results received at the national tallying centre.

The petitioners want the court to quash the challenged statutory and regulatory provisions.

They have additionally asked the court to declare that publication of results on the IEBC online portal alone does not satisfy the constitutional requirement for public access to information.

They want constituency results to be immediately published publicly, allowing the media, political parties and other interested parties to disseminate them.

The IEBC has defended the national process, saying its mandate includes verifying results for accuracy and transparency.

The commission maintains that national collation does not permit alteration of results, but involves checking forms and confirming the presidential threshold.

The case is part of a wider debate involving opposition leaders, lawmakers and electoral officials over whether presidential results should be finally settled at constituency level.

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