Senator Omtatah Moves to Court, Challenges IEBC on Alleged Overreach in Presidential Tally

Busia Senator Okiya Omtatah has intensified his push for electoral accountability by filing a fresh case challenging the Independent Electoral and Boundaries Commission (IEBC) over its conduct at the National Tallying Centre during the presidential election.

In his petition, Omtatah accuses the IEBC of unlawfully taking over the responsibilities of constituency returning officers, claiming that the Commission went beyond its constitutional mandate by re-verifying, recounting, and altering presidential results that had already been declared at constituency level.According to Omtatah, Kenyan election law clearly stipulates that the returning officer is the final authority on results declared within a constituency.

He argues that the National Tallying Centre’s duty is limited to receiving the forms submitted from across the country, publicly announcing them, and preparing the final national tally — not reopening, adjusting, or confirming results that are already considered final unless ordered by a court.Omtatah’s legal filing states that any attempt by IEBC officials at the national level to re-handle results amounts to an administrative overreach that undermines the independence of constituency officers.

He warns that such actions set a dangerous precedent where the national office could, in future, interfere with numerical data already concluded at polling stations and constituency tallying centres.The senator is seeking a declaration from the High Court to define the precise limits of power at the National Tallying Centre, arguing that Kenyans deserve clarity on what the IEBC can and cannot do once results are forwarded from the constituency returning officers.

He maintains that electoral transparency depends on predictable procedures that cannot be altered depending on circumstances or internal decisions of the Commission.Omtatah further argues that allowing the national office to alter or re-confirm constituency results creates an opportunity for irregularities, compromises public trust, and weakens the credibility of presidential outcomes.

He believes that strict adherence to electoral law is the only safeguard to ensure future elections are conducted with integrity and respect for constitutional guidelines.With the case now before the court, the spotlight is again placed on the IEBC’s operational procedures, especially at the crucial final stage of tallying presidential votes.

The outcome of this matter may influence how future election results are handled and could lead to reforms on how the national tallying process is conducted.