Busia Senator Okiya Omtatah Okoiti has petitioned the Milimani High Court to declare the National Tallying Centre as unconstitutional, warning that it threatens to compromise the integrity of the 2027 General Elections.
The national tallying centre in Kenya is a secure facility, typically the Bomas of Kenya in Nairobi, where the Independent Electoral and Boundaries Commission (IEBC) verifies and tallies the final results for the presidential election.
In a statement on his X account on Sunday, November 24, the lawmaker said that the national tallying centre has facilitated some election malpractices, such as enabling interference, manipulation, and delays of presidential election results, as well as treating final constituency results as provisional.
"I have filed a Constitutional Petition No. E757 of 2025 in the High Court to defend the integrity of Kenya’s presidential election process and to uphold the Constitution of Kenya, 2010," Omtatah said.
"This petition challenges the unconstitutional establishment and operation of the National Tallying Centre during presidential elections, as well as Sections 39, 39(1C), and 39(1G) of the Elections Act and Regulation 83(2) of the Elections (General) Regulations," he added.
The petition further seeks to revoke some provisions in the Elections Act and Regulations, since they unlawfully introduce multiple layers of verification.
Omtatah further assured that the court's intervention will be essential in ensuring that the Independent Electoral and Boundaries Commission of Kenya (IEBC) restructures its operational framework ahead of the 2027 General Elections.
"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," Omtatah said.
Additionally, the lawmaker's petition seeks the immediate public posting of final constituency results at each constituency, as well as the removal of the 'unlawful' verification powers bestowed upon the county returning officers and the IEBC chairperson.
"Our democracy must be anchored not on improvised systems, but on the letter and spirit of our Constitution. This petition is part of my continued commitment to defend the rule of law, protect the sovereign will of the people, and secure free, fair, and credible elections," Omtatah said.
Additionally, the lawmaker's petition seeks the immediate public posting of final constituency results at each constituency, as well as the removal of the 'unlawful' verification powers bestowed upon the county returning officers and the IEBC chairperson.
Omtatah has further urged the court to direct the IEBC to ensure that the election results are immediately displayed in each constituency through public notice boards and the media, and not only online.
