Blow to Opposition as High Court upholds legality of national tallying centre

The High Court has upheld the legality of the national tallying centre, but barred Kenya's electoral agency from altering, cancelling or varying presidential results declared as final at the constituency level.

In a decision issued on Tuesday, Justice Gregory Mutai ruled that national tallying and verification must be conducted collectively by the Independent Electoral and Boundaries Commission (IEBC), using certified constituency results as the sole reference point. The court also directed that the judgment's principles on documentary primacy and collective decision-making be considered in finalising electoral reforms ahead of the 2027 election.

The court dismissed two petitions by Busia Senator Okiya Omtatah and opposition leaders led by Kalonzo Musyoka and Rigathi Gachagua, who had sought to have the national tallying centre and further verification of presidential results declared unconstitutional.

The petitioners had challenged Section 39 of the Elections Act and Regulation 83(2), arguing that constituency-declared presidential results are final and should only be collated — without re-tallying, verification or alteration — at the national level.

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