Opposition Moves to Review IEBC’s Handling of Presidential Vote Tally

Opposition leaders have filed a constitutional petition challenging the Independent Electoral and Boundaries Commission’s handling of presidential election results.

A coalition led by former Deputy President Rigathi Gachagua and Wiper Party leader Kalonzo Musyoka wants presidential results to carry the same finality as those announced for Members of Parliament and County Women Representatives at the constituency level. They argue that the current centralised verification system at the national tallying centre undermines transparency and contradicts the Constitution.

Their petition, presented as a public-interest case, seeks reforms intended to reduce the disputes that have affected Kenya’s past three general elections.
The challenge focuses on the IEBC’s practice of subjecting constituency-level presidential results to a second verification at the national centre.

The petitioners say this process is unconstitutional and that the national centre should only collate and announce results submitted by constituencies. Their lawyer, Gitobu Imanyara, maintains that the IEBC has exceeded its mandate by altering or rejecting results during national verification.

Citing Article 138(2) of the Constitution, the group contends that presidential elections must remain constituency-based and that the current approach effectively creates an unlawful “super-constituency.” The petition also raises concerns about transparency.

The opposition leaders accuse the IEBC of publishing the list of polling stations too close to the election dates, creating doubts about potential irregularities. They note that the voters’ register has at times been released only weeks before polling day, including in 2022.

The Supreme Court’s ruling on the 2022 presidential petition highlighted these issues and called for improvements. In an affidavit, Kalonzo outlines alleged systemic weaknesses, including double registration, inclusion of deceased voters, exclusion of eligible voters, and persistent uncertainty over whether constituency or national tallies are final.

The petitioners are asking the court to order a set of procedural reforms. These include requiring the IEBC to gazette polling stations at least six months before elections, publish the final voters’ register three months in advance, and ensure ballot reconciliation at the polling station before transmission.

They also want constituency-level presidential results to be declared final and protected from re-tallying or alteration at the national centre. According to the petition, these measures would bring presidential elections into line with the constitutional framework governing other elective offices and help strengthen public confidence.

The case names the IEBC, its chairperson, and the Attorney-General as respondents and is awaiting a hearing date.