The High Court of Kenya has dismissed a constitutional petition challenging the national verification of presidential election results. On September 22, 2026, the court delivered its judgment, upholding the Independent Electoral and Boundaries Commission's (IEBC) constitutional mandate to verify constituency tally forms before declaring a presidential winner. This ruling allows the IEBC to continue its practice of national-level verification.
The petition was filed by Busia Senator Okiya Omtatah, who argued that national-level re-tallying creates an unlawful second layer of verification. Omtatah claimed that this process exposes election results to human tampering and delays. He believed that the IEBC Chairperson should solely collate the final tallies transmitted directly from the 290 constituencies. However, the court disagreed with his arguments.
The court's decision was based on the affirmation that in cases where discrepancies emerge between electronic transmissions and physical documentation, the vote counts recorded on physical forms at the polling station level strictly prevail. This ensures the accuracy of election results. The judges maintained that centralized verification serves as an essential administrative safeguard to confirm arithmetic accuracy before declaring a final presidential winner.
The ruling comes amid broader public scrutiny surrounding Kenya's electoral architecture. Former Chief Justice David Maraga recently called for the complete dismantling of the central tallying facility at Bomas, contending that presidential vote counts ought to be finalized strictly at the constituency level. This view has also been shared by civil society leaders under the People's Coalition on Electoral Reforms.
The People's Coalition on Electoral Reforms has advocated for independent constituency servers to ensure real-time public access to election results. However, the High Court maintained that the current system is constitutional and necessary for ensuring the accuracy of election results. The court's decision has significant implications for Kenya's electoral process.
The judgment was delivered by a panel of judges who considered the constitutional implications of national-level verification. The court emphasized that the IEBC's role in verifying constituency tally forms is essential to ensuring the integrity of the electoral process. This ruling provides clarity on the IEBC's powers and responsibilities.
The court's decision has been welcomed by some as a crucial step in maintaining the integrity of Kenya's electoral process. The ruling provides a clear understanding of the IEBC's constitutional mandate and ensures that election results are accurate and reliable. The decision also underscores the importance of national-level verification in confirming arithmetic accuracy.
Key points
- The High Court of Kenya has upheld the IEBC's constitutional mandate to verify presidential election results at the national level.
- The court's decision was based on the affirmation that physical forms at the polling station level take precedence in cases of discrepancies.
- The ruling has significant implications for Kenya's electoral architecture and the role of the IEBC in ensuring the integrity of election results.
