Busia Senator Okiya Omtatah has filed a petition at the High Court challenging the existence and operation of Kenya’s Independent Electoral and Boundaries Commission (IEBC) National Tallying Centre, arguing that it undermines the integrity of presidential elections.
In a statement on his X account on Sunday, November 24, Omtatah said the national tallying centre, typically located at the Bomas of Kenya in Nairobi, has facilitated election malpractices, including interference, manipulation, delays, and the treatment of final constituency results as provisional.
“I have filed Constitutional Petition No. E757 of 2025 to defend the integrity of Kenya’s presidential election process and uphold the Constitution,” Omtatah said.
The petition targets the establishment of the National Tallying Centre, as well as Sections 39, 39(1C), and 39(1G) of the Elections Act and Regulation 83(2) of the Elections (General) Regulations. Omtatah argues that these provisions introduce multiple layers of verification that are unconstitutional.
The senator is seeking reforms that would decentralize the election results process. Specifically, the petition requests that final constituency results be publicly posted at each constituency, removing the “unlawful” verification powers currently held by county returning officers and the IEBC chairperson.
Omtatah emphasized that if the petition succeeds, it would fundamentally transform the management of presidential elections from 2027 onwards, ensuring a transparent, constitutionally faithful, and decentralized process, free from what he termed “Bomas drama.”
“Our democracy must be anchored not on improvised systems, but on the letter and spirit of our Constitution,” Omtatah said. He added that court intervention is crucial for the IEBC to restructure its operational framework ahead of the next general elections.
The petition also calls for election results to be immediately displayed publicly at constituencies via notice boards and media outlets, not just online, to safeguard transparency and restore public trust.
