Opposition seeks final presidential results at constituency level

By Newsflash Reporter

The Opposition is seeking to limit the handling of presidential election results strictly to constituency tallying centres, removing the national tallying centre from the verification process.

This demand is contained in a petition filed before the High Court by United Opposition leaders Kalonzo Musyoka, Rigathi Gachagua, Fred Matiang’i, Mithika Linturi and Justin Muturi.

The petitioners argue that once votes are counted, collated and publicly declared at polling stations and constituencies, the national tallying centre should only adopt those results as final, without subjecting them to re-tallying or further alteration.

They contend that the current centralised verification system has repeatedly caused confusion and triggered mistrust. At the same time, the coalition wants the Independent Electoral and Boundaries Commission (IEBC) compelled to publish the full list of polling stations at least six months before the next General Election.

Concerns over re-tallying and verification

According to the petition, the parallel verification of presidential results at the national tallying centre has created inconsistencies in previous elections. Lawyer Gitobu Imanyara, representing the opposition, argued that questions often arise about which results—those declared at the constituencies or those confirmed at the national centre—should be considered authentic.

Imanyara added that the precedent set by the Ethicon ruling has contributed to uncertainty surrounding how presidential votes are ultimately processed.

He noted that despite the constitutional requirement for transparent results transmission, inconsistencies in the nationwide tallying process have persisted across several election cycles.

“This approach has generated confusion, opened avenues for manipulation, and become a major source of litigation,” Imanyara told the court, arguing that Section 39 of the Elections Act has been misinterpreted to justify a superior national process that is not anchored in the Constitution.

Claims of discriminatory treatment

The petition further states that results for MPs and County Women Representatives are considered final once announced at the constituency level, and thus presidential results should follow the same standard.

Imanyara argued that applying a separate, higher-level verification process to presidential votes amounts to discriminatory treatment that lacks any constitutional basis. He insisted that Article 86 outlines a uniform electoral architecture and does not allow the IEBC to create an additional layer of scrutiny for only one elective position.

On polling station management, the petitioners claim that IEBC has been inconsistent in publishing the full list of voting centres, sometimes releasing the names too close to the election. They also allege recurring disputes over the accuracy of the voters’ register, arguing that delayed gazettement fuels suspicion and undermines public confidence.

The coalition wants the High Court to compel IEBC to gazette all polling stations early enough and ensure the final voters’ register is published at the same time to avoid last-minute changes that could trigger controversy.