The High Court has cleared the way for the Independent Electoral and Boundaries Commission (IEBC) to continue using the National Tallying Centre for presidential elections, but barred it from changing results already declared at constituency level.
Justice Gregory Mutai dismissed petitions challenging the legality of the national tallying centre, including those associated with Busia Senator Okiya Omtatah, Wiper leader Kalonzo Musyoka and DCP leader Rigathi Gachagua.
The petitioners had argued that once presidential results are tallied, verified and declared by constituency returning officers, they should not be subjected to another tally or alteration at the national centre.
But Justice Mutai said the national tallying process is necessary to determine whether a presidential candidate has met the constitutional threshold for victory.
The Constitution requires a presidential candidate to secure more than half of all votes cast and at least 25 per cent of the votes cast in at least 24 counties.
The judge, however, drew a line on what the IEBC can do at the national centre, directing that it cannot alter, cancel or vary presidential results declared at constituency level.
Where there is a discrepancy, the court said the results declared at the polling station should prevail.
The ruling therefore leaves the National Tallying Centre intact while placing limits on the commission's handling of results that have already been declared by constituency returning officers.
Omtatah had challenged the legal basis of the centre, arguing that the Constitution does not provide for a separate national tallying stage after results have been declared at constituency level.
The IEBC opposed the petitions, maintaining that the national centre does not conduct a fresh election tally but verifies and aggregates results received from constituency tallying centres before the presidential result is declared.
The dispute has gained prominence ahead of the 2027 General Election, with politicians and electoral reform groups questioning the role of the Bomas of Kenya centre in the presidential tallying process.
The court's decision means the IEBC will continue receiving, verifying and aggregating presidential results nationally, while remaining bound by the order not to alter results declared at constituency level.
