Busia Senator Okiya Omtatah Okoiti has filed Constitutional Petition No. E757 of 2025 at the Milimani High Court, seeking to abolish Kenya’s National Tallying Centre, arguing that its continued use violates the Constitution and threatens the credibility of the 2027 presidential election.
In Petition, Omtatah asks the court to declare the establishment and operation of the National Tallying Centre unconstitutional.
The centre traditionally located at the Bomas of Kenya is where the Independent Electoral and Boundaries Commission (IEBC) verifies and tallies final presidential results.
But Omtatah says it has instead become a hub for “interference, manipulation, delays, and unlawful verification.”
“The Constitution is clear: presidential results are tallied, verified, and declared at the 290 constituencies, and those results are final and binding,” Omtatah stated on his X account.
He added that the IEBC Chairperson’s role under Article 138(10) is “strictly clerical – to add up constituency results and declare the winner,” stressing that the chair has no power to verify, re-tally, alter, or overturn final constituency results.
The petition also seeks to quash Sections 39, 39(1C), and 39(1G) of the Elections Act and Regulation 83(2), arguing that they unlawfully create a second layer of verification at county and national levels.
Omtatah insists this parallel system treats final constituency results as provisional and violates Articles 86 and 138 of the Constitution.
He is asking the court to abolish the National Tallying Centre as currently constituted, remove illegal verification powers from county returning officers and the IEBC chairperson, and compel immediate public posting of constituency results through notice boards and media, to curb manipulation and promote transparency.
“If successful, this petition will fundamentally transform the management of presidential elections from 2027 onwards, ensuring a transparent, decentralised, and constitutionally faithful process with no ‘Bomas drama’ and no ambiguity,” he said. “Our democracy must be anchored on the letter and spirit of our Constitution.”
The petition comes amid heightened scrutiny of the IEBC and warnings from the Supreme Court over looming threats to the credibility of the 2027 elections.
