High Court Set to Rule on National Tallying Centre Ahead of 2027 Election

High Court Set to Rule on National Tallying Centre Ahead of 2027 Election

The High Court is set to determine whether Kenya’s National Tallying Centre can continue handling the verification and tallying of presidential election results ahead of the 2027 General Election.

Justice Gregory Mutai is scheduled to deliver the ruling on Tuesday, September 22, 2026, following petitions challenging the legality of the national tallying process. The cases were filed by Busia Senator Okiya Omtatah and a separate group of opposition leaders led by Wiper Party leader Kalonzo Musyoka and Democracy for Citizens Party leader Rigathi Gachagua.

The petitioners are challenging the use of the National Tallying Centre for further verification, re-tallying or alteration of presidential results after they have been declared by constituency returning officers.

Omtatah argues that the Constitution makes the constituency the primary and final point for tallying and verification of presidential results. He has asked the court to declare the National Tallying Centre unconstitutional and stop the Independent Electoral and Boundaries Commission (IEBC) from conducting what he considers a second layer of verification.

The senator has also challenged Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, which provide for national-level tallying of presidential results.

In his petition, Omtatah argues that the national process creates uncertainty over which results are final and could contribute to delays and disputes during presidential elections.

“The Constitution makes constituency results final and, therefore, any tallying or verification beyond this, such as at the county or national tallying centres, is unconstitutional.”

The IEBC has defended the National Tallying Centre, maintaining that its role is to verify and collate results rather than alter figures declared at constituency level.

IEBC Chairman Erastus Ethekon previously told the court that the national centre is established within Kenya’s constitutional and electoral framework and should be retained as part of the presidential results process.

The commission’s position is that national verification helps establish the accuracy of the results received from constituencies and enables the chairperson to determine whether the constitutional threshold for a presidential victory has been met.

The legal dispute has gained attention as Kenya prepares for the August 10, 2027 General Election, with the outcome potentially affecting how presidential results are processed and announced.

The controversy has also attracted intervention from former Chief Justice David Maraga, who has called for the abolition of the central tallying facility as part of proposed electoral reforms.

The High Court case also comes against the background of previous presidential election disputes, including the 2022 election petition in which questions were raised over the handling and verification of results at the national level.

The Supreme Court has previously held that verification is an institutional responsibility of the IEBC, involving electoral officials at different stages of the results-management process.

With the 2027 election less than a year away, the High Court’s determination is expected to clarify the legal framework governing the national tallying process and the extent of the IEBC chairperson’s powers when handling presidential results.

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High Court Set to Rule on National Tallying Centre Ahead of 2027 Election