IEBC chair Ethekon says tallying centre cannot alter presidential results

The Independent Electoral and Boundaries Commission (IEBC) chairperson Erastus Ethekon says it is important to retain the National Tallying Centre (NTC) where presidential results are declared.

Ethekon maintains that the NTC is established under the Constitution, the Elections Act and attendant regulations, and says it cannot be used to compromise election results.

In a replying affidavit to a case filed by Busia Senator Okiya Omtatah in the High Court seeking to have the NTC declared unconstitutional, the IEBC chairperson says the case seeks to undermine the electoral agency’s constitutional mandate.

The electoral agency head states in court papers that it is not possible to compromise or alter results already declared by 290 Constituency Returning Officers, noting that the role of the NTC is limited to tallying and verifying the results before the declaration of the presidential outcome.

Consequently, Ethekon says the gazettement of the National Tallying Centre is intended to support accountability and transparency in the electoral process.

He has dismissed claims in Omtatah’s case regarding the existence of ‘ghost’ polling stations or alleged irregularities in the register of voters, stating that no supporting evidence has been presented.

“Contrary to the petitioner’s assertions, there exists a robust legal framework that the Commission is required to comply with to ensure the election is simple, accurate, verifiable, secure, accountable and transparent,” he said in the affidavit dated April 11, 2026.

It adds, “The NTC does not ‘alter’ or ‘manipulate’ results but verifies scanned Forms 34As and the tallied Forms 34Bs (Constituency Tallies) against the originals for accuracy, as provided by law. This enhances transparency, with public access to the Forms via the online portal.”

According to Ethekon, Returning Officers are responsible for receiving and verifying all original Forms 34A–39A submitted from polling stations within the constituency, collating the results into Form 34B and announcing the results before submitting them to the NTC.

“Upon receipt of the duly collated presidential election results, the Commission tallies the results as received at the NTC. It is only after the commissioners collectively oversee the tallying process that the chairperson can declare the result of the presidential election under Article 138(10)(a) of the Constitution,” the affidavit adds.

The poll agency chairperson further asks the High Court to dismiss the application on the grounds that the High Court, Court of Appeal and Supreme Court have previously considered similar issues and reaffirmed the role of the NTC and the IEBC chairperson in declaring presidential election results.

He cites several cases, including Raila Odinga & others vs IEBC & others (Presidential Election Petition of 2017), Raila Odinga & 16 others vs William Ruto & 10 others (Presidential Election Petition of 2022), and IEBC vs Maina Kiai & 5 others (Civil Appeal No 105 of 2017), as instances where related issues were addressed.

“For these reasons, I am advised by the Commission’s advocates on record, whose advice I believe to be sound, that the petition raises questions of fact and law that were the subject of litigation before competent and superior courts and which have not been set aside.”

Omtatah’s Constitutional Petition No. E757 of 2025 challenges the constitutionality of the NTC, Section 39 of the Elections Act and Regulation 83(2), which establish county and national verification layers, as well as the powers of County Returning Officers and the IEBC chairperson in relation to verification or re-tallying of constituency results and the timing of public access to results.

“I have filed this petition to defend the integrity of Kenya’s presidential election process and to uphold the Constitution of Kenya, 2010,” Omtatah said.

The senator attributes the current system to the creation of a second verification stage at the NTC, which he says has been associated with disputes, delays and concerns over possible manipulation in the 2013, 2017 and 2022 elections.