Former chief justice David Maraga /SCREENGRAB
The People’s Coalition on Electoral Reforms led by former Chief Justice David Maraga has demanded that the national tallying centre at Bomas of Kenya be scrapped ahead of the 2027 general election.
The coalition argues that the constitution does not provide for a national tallying centre and does not authorise the Independent Electoral and Boundaries Commission (IEBC) to retally or re-verify presidential results already declared at polling stations and constituency level.
Speaking on the proposed reforms on behalf of the coalition, Maraga cited Article 138(2) of the constitution, which provides that a presidential election shall be held in each constituency.
He argued that Articles 86 and 138 require votes to be counted, tallied and verified and the results announced by presiding officers at polling stations.
The former chief justice said results announced at polling stations are final and cannot be altered by the IEBC commissioners or any other person.
He cited Maina Kiai the decision, saying it made clear that results announced at polling stations are final.
“You know the Maina Kiai decision made it very clear that the results announced at the polling stations are final. They cannot be altered by anybody. They cannot be altered by the commissioners of IEBC themselves or any other person,” Maraga said.
For presidential elections, he said results from polling stations should then be openly and accurately collated and promptly announced by returning officers at constituency level.
“The constitution makes no provision, please understand me, the Constitution makes no provision for a national tallying centre,” Maraga said.
The coalition further referred to the Supreme Court decisions arising from the 2017 and 2022 presidential election petitions, arguing that the decisions found a national tallying centre to be a site of opacity and division.
He also challenged the role of the IEBC chairperson and the commission in relation to the verification and tallying of presidential results.
According to the coalition, Article 138(10) confines the role of the IEBC chairperson to declaring the results and does not give the chairperson or the commission authority to retally results already announced at polling stations and constituency level.
“The constitution doesn't give IEBC any authority to retally the results that have been announced at the polling stations and at the constituency level,” Maraga said.
He said its first mandatory reform ahead of the 2027 election should therefore be the removal of the national tallying centre, whether at Bomas or any other location.
The former CJ also wants the IEBC chairperson and commissioners barred from retallying, re-verifying or altering results declared at polling stations and constituencies.
“So, the first mandatory reform that we are asking before the 2027 general election is that there shall be no tallying centre in Bomas or elsewhere and the IEBC chairman and commissioner shall not retally, re-verify or alter the results declared at the constituencies and at the polling stations,” Maraga said.
The coalition further argues that provisions in the Elections Act and election regulations that provide for a national tallying centre or purport to authorise the IEBC chairperson and the commission to retally and verify presidential election results are unconstitutional.
