Why Senator OKIYAH OMTATAH has petitioned High Court to declare IEBC’s national tallying centre unconstitutional



Monday, November 24, 2025 - Busia Senator, Okiya Omtatah Okoiti, has moved to the Milimani High Court seeking to have Kenya’s National Tallying Centre declared unconstitutional ahead of the 2027 General Elections.

The tallying centre, traditionally located at the Bomas of Kenya in Nairobi, is the secure facility where the Independent Electoral and Boundaries Commission (IEBC) verifies and tallies presidential results.

However, Omtatah argues that the centre has enabled manipulation, interference, and delays, while treating final constituency results as provisional.

In a statement posted on his X account on Sunday, November 24th, Omtatah confirmed filing Constitutional Petition No. E757 of 2025.

“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 said.

The petition seeks to revoke provisions in the Elections Act and Regulations that introduce multiple layers of verification, which Omtatah insists undermine transparency.

He further urged the court to compel the IEBC to restructure its framework ahead of 2027, including immediate public posting of final constituency results at each constituency.

“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 declared.

The Senator also called for the removal of verification powers vested in county Returning Officers and the IEBC chairperson, insisting that democracy must be anchored on the Constitution, not improvised systems.

"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 stated.

The Kenyan DAILY POST

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