The High Court has ruled that presidential results declared at the constituency level are final and can not be amended, reconciled, or altered at the national tallying centre.
The decision is a major development in a petition filed by Busia Senator Okiya Omtatah, who challenged the role of Bomas of Kenya in the presidential tallying process.
The court, however, did not abolish the national tallying centre. Bomas will continue to aggregate results from Kenya’s 290 constituencies to determine the national presidential tally and establish whether a candidate has met the constitutional threshold for election.
The ruling effectively draws a line between declaring results at constituency level and tallying them nationally.
Once a Constituency Returning Officer declares the presidential result, the figure can not subsequently be changed at Bomas, according to the ruling.
Omtatah had argued that allowing further verification or reconciliation of constituency results at the national tallying centre could undermine the finality of declarations made by returning officers.
The decision could have significant implications for the 2027 General Election, placing greater focus on the accuracy and integrity of the tallying and declaration process at the 290 constituencies.
The ruling leaves Bomas in place but limits its role to the national aggregation of results already declared at constituency level.