Kenya’s opposition has suffered a legal setback after the High Court upheld the Independent Electoral and Boundaries Commission’s (IEBC) mandate to conduct national tallying and verification of presidential election results ahead of the 2027 General Election.
In a ruling delivered on Tuesday, September 22, Justice Gregory Mutai dismissed petitions challenging the legality of the National Tallying Centre and the further verification of presidential results after they have been declared at constituency level.
The case was brought by Busia Senator Okiya Omtatah alongside opposition leaders, including Wiper Party leader Kalonzo Musyoka, former Deputy President Rigathi Gachagua and former Interior Cabinet Secretary Fred Matiang’i.
The petitioners had argued that presidential results declared by constituency returning officers should be treated as final and should not be subjected to another round of verification or re-tallying at the national level.
They further challenged provisions of the Elections Act and the Elections (General) Regulations that provide for national tallying and verification, arguing that the additional process could create opportunities for interference with results already declared at the constituency level.
Justice Mutai, however, upheld the national tallying framework, finding that the IEBC has a constitutional and statutory role to aggregate and verify presidential results nationally before determining whether a candidate has met the constitutional requirements for election as President.
The ruling nevertheless placed limits on the commission’s powers. The IEBC cannot alter, cancel or vary presidential results that have been declared and certified by constituency returning officers.
The court directed that national tallying and verification must be undertaken collectively by the electoral commission and based on certified constituency results.
The dispute had attracted significant attention from opposition figures and electoral reform campaigners as political parties prepare for the August 2027 General Election.
Former Chief Justice David Maraga, who has also joined the debate, has previously argued that Kenya should not have a national tallying centre and that constituency-level presidential results should not be re-tallied or re-verified.
The High Court decision therefore leaves the existing national tallying framework in place, while establishing boundaries on what the IEBC can do with results already declared at constituency level.