Omtatah files petition challenging National Tallying Centre in presidential race

Busia Senator Okiya Omtatah has filed a constitutional petition in the High Court seeking to overhaul the way Kenya’s presidential election results are verified and announced.

The petition, Constitutional Petition No. E757 of 2025, challenges the establishment and operation of the National Tallying Centre during presidential elections.

It also contests Sections 39, 39(1C), 39(1G) of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, which Omtatah argues allow unconstitutional practices that undermine the integrity of the vote.

Speaking on the petition, Senator Omtatah said: “The Constitution is clear: presidential results are tallied, verified, and declared at the 290 constituencies, and those results are final and binding. The role of the IEBC is strictly clerical — to add up constituency results and declare the winner. No law allows a second layer of verification at county or national level.”

He added that the current system, particularly the National Tallying Centre, treats final constituency results as provisional, creates opportunities for interference, and undermines transparency.

“This practice violates the sovereign will of the people expressed at the constituency level,” he noted.

The petition seeks five main declarations, each targeting a specific flaw in the current electoral process:

1. Abolition of the National Tallying Centre — Senator Omtatah argues that the centre is unconstitutional because it effectively creates a parallel layer of verification that can override constituency results. Abolishing it, he says, will ensure that all presidential results are final and binding at the local level, as envisaged in the Constitution.
2. Quashing unconstitutional provisions in the Elections Act and Regulations — The petition seeks to strike down Sections 39, 39(1C), 39(1G) and Regulation 83(2), which currently grant powers to the IEBC Chairperson and County Returning Officers to verify, alter, or delay results. Omtatah argues these sections conflict with Articles 86 and 138 of the Constitution, which make results binding at the constituency level.
3. Immediate public posting of final constituency results — The petition calls for all results to be posted publicly at every constituency the moment they are declared. This measure aims to enhance transparency, eliminate ambiguity, and allow citizens to witness and verify the results before they are transmitted to any national centre.
4. Removal of illegal verification powers from County Returning Officers and the IEBC Chairperson — Omtatah says the current system allows officers at county and national levels to act as arbiters over already declared constituency results. Removing these powers will prevent potential manipulation or undue influence over the people’s will.
5. Restoration of strict compliance with Articles 86 and 138 of the Constitution — The petition seeks to reinforce the constitutional requirement that presidential results are determined by votes cast at the constituency level. Omtatah argues that adherence to these provisions is essential to safeguarding Kenya’s democracy and public trust in elections.

Senator Omtatah said if the petition succeeds, it will transform how presidential elections are conducted from 2027 onwards, ensuring a decentralised, transparent, and constitutionally faithful process, free from “Bomas drama” or ambiguity.

“The petition is about safeguarding democracy, restoring public trust, and making sure the will of Kenyans is respected without manipulation,” he said.

The case is now before the High Court, where Senator Omtatah will argue that current laws and IEBC practices effectively create a parallel system inconsistent with the Constitution.