Omtatah Moves to Court to Challenge Constitutionality of IEBC National Tallying Centre

Busia Senator Okiya Omtatah has filed a petition seeking the nullification of the Independent Electoral and Boundaries Commission’s (IEBC) National Tallying Centre, arguing that its establishment and operations are unconstitutional

In his court filing, Omtatah claims the Constitution does not grant IEBC the authority to verify, alter, or re-tally presidential election results at the national level

He cites Articles 86 and 138, which he says outline a clear and final process: votes should be counted at polling stations, collated at the constituency level, and declared by constituency returning officers—whose announcements are intended to be final

The Senator argues that Section 39 of the Elections Act, which introduced national-level verification and tallying, contradicts constitutional provisions and has created opportunities for duplication, confusion, and possible manipulation

He says this expanded mandate crafted by both Parliament and IEBC regulations amounts to unlawfully enlarging the Commission’s powers.

According to the petition, disputes arising in past presidential elections—2013, 2017, and 2022 stemmed partly from the national verification process

Omtatah also challenges any legal provisions allowing the IEBC Chairperson to declare presidential results before receiving all constituency tallies, insisting this undermines the principle of finality at the constituency level

 Also read : Gachagua Accuses IEBC Vice Chair Fahima Araphat of Malpractice in Magarini By-Elections

The Senator further faults the Attorney General for failing to advise the government on what he terms unconstitutional electoral practices

Parliament is similarly accused of passing laws that interfere with constitutional safeguards designed to protect the integrity of presidential elections

The High Court has been asked to determine whether Section 39 of the Elections Act aligns with the Constitution and whether IEBC’s conduct at the National Tallying Centre violates the prescribed electoral process

Writer : Mweru Mbugua