Busia Senator Okiya Omtatah Challenges IEBC Over National Tallying Centre

Busia Senator Okiya Omtatah has filed a court petition against the Independent Electoral and Boundaries Commission (IEBC). He argues that the National Tallying Centre for presidential results is unconstitutional. According to him, the Constitution does not allow the Commission to verify, alter, or re-tally votes at the national level.

Omtatah points to Articles 86 and 138 of the Constitution. They provide a clear and transparent process for counting and declaring presidential election results. Votes are meant to be counted at polling stations. Results are collated at the constituency level. Returning officers declare the results promptly. These results are final. There is no room for further verification at the national stage.

He criticizes Section 39 of the Elections Act. It allows national-level verification and tallying. Omtatah says it contradicts the Constitution. He warns it can cause confusion, duplication, and possible manipulation. Court papers state that similar practices caused disputes in 2013, 2017, and 2022 elections.

The senator also challenges rules that let the IEBC Chairperson declare results before all constituency results are received. He argues this undermines the finality of constituency results. National verification, he insists, is unnecessary and unconstitutional.

The petition also targets the Attorney General. Omtatah says the government was not properly advised on the legality of these practices. He accuses Parliament of passing laws that weaken constitutional safeguards meant to protect election integrity.

The High Court is asked to interpret Section 39 of the Elections Act. It will decide whether the IEBC’s National Tallying Centre violates the Constitution.

Omtatah’s case raises serious questions about Kenya’s electoral system. It highlights concerns over transparency, legal compliance and the proper role of electoral institutions. The court ruling could reshape how presidential results are handled in the future.