A coalition of Kenyan opposition leaders led by former Deputy President Rigathi Gachagua and Wiper boss Kalonzo Musyoka has filed a high-stakes constitutional petition seeking to overhaul how presidential election results are tallied, transmitted and declared.
The petition, lodged at the High Court’s Constitutional and Human Rights Division in Nairobi, is seeking four key orders, including compelling the Independent Electoral and Boundaries Commission (IEBC) to gazette polling stations at least six months before the General Election.
Secondly, they want a declaration on the finality of presidential election results at the constituency level and third, orders compelling ballot reconciliation at the polling station level.
Another main declaration the petitioners are seeking is that the administrative practice of the IEBC and its chairperson, of centralising the final verification, collation, and declaration of presidential election results at the national tallying centre, is unconstitutional, null and void.
The petition accuses the IEBC of violating multiple constitutional provisions through its centralised handling of presidential results at the national tallying centre.
“The national tallying centre should only collate and announce the results it receives from constituencies not “verify,” change, or reject them,” says their advocate Gitobu Imanyara.
United Opposition leaders, led by former Deputy President Rigathi Gachagua (center), DAP-K Party leader Eugene Wamalwa (left) and Wiper party leader Kalonzo Musyoka (right), address the media at SKM command center in Nairobi on November 3, 2025.
Photo credit: Lucy Wanjiru | Nation Media Group
Besides Mr Gachagua and Mr Musyoka, the other petitioners include Fred Matiang’i (Jubilee Party), Justin Muturi (Democratic Party), Eugene Wamalwa (DAP-K), Mithika Linturi (DCP), and Peoples Liberation Party (PLP).
They have cited the IEBC’s repeated failure to gazette polling stations within reasonable timelines, sometimes until just weeks before elections, as a major threat to transparency.
The United Opposition argues that the IEBC’s practice of subjecting constituency-level presidential results to a secondary verification process at the national level creates confusion, opens avenues for manipulation, and undermines public trust in elections.
The petition cites Kenya’s past three general elections, 2013, 2017, and 2022, as evidence of recurring disputes stemming from this system.
According to the opposition, presidential results declared by constituency returning officers should be final and binding, mirroring the process used for other elective positions like Members of Parliament and Woman Representatives.
Central to the petition is the claim that the IEBC’s current framework contradicts Article 138(2) of the Constitution, which states that presidential elections “shall be held in each constituency”.
Independent Electoral and Boundaries Commission chairperson Erastus Ethekon (centre), flanked by fellow commissioners, addresses the media at Pride Inn Paradise in Shanzu, Mombasa County on July 19, 2025.
Photo credit: Wachira Mwangi | Nation Media Group
The opposition contends that this provision mandates a decentralised process where the national tally is merely an aggregation of final constituency results—not a fresh verification exercise. The petition, backed by a sworn affidavit from former Vice President Kalonzo Musyoka , further alleges violations of constitutional principles such as transparency, accountability, and public participation.
They have cited the IEBC’s alleged failure to enforce ballot reconciliation at polling stations and its delays in publishing voters’ registers and polling station details ahead of national elections.
“During the 2022 General Election, the IEBC published the final voters’ register only weeks to the election, leading to widespread mistrust. The Supreme Court, in Presidential Election Petition No.E005 of 2022, noted these concerns and urged the IEBC to enhance transparency and verifiability in future,” says Mr Musyoka, leader of the Wiper Patriotic Front party.
The petitioners warn that without reforms, Kenya risks perpetuating electoral disputes that have plagued past elections.
They highlight concerns over “ghost polling stations” and irregularities in voter registers, referencing Supreme Court observations from the 2022 presidential petition.
To restore confidence, the coalition proposes strict timelines —six months for gazetting polling stations and three months for publishing voter registers — to allow adequate public scrutiny.
“The integrity of the voters’ register has been a recurring source of dispute. Allegations of double registration, inclusion of deceased persons, and exclusion of eligible voters are rampant,” states the affidavit.
Among the key orders sought are declarations that constituency-level presidential results are final, prohibitions against altering results at the national tallying centre, and mandatory ballot reconciliation before transmission.
The opposition also wants the court to affirm that presidential elections must adhere to the same verification standards as other elections, eliminating what they call an unconstitutional “super-constituency” process favouring presidential polls.
Since the results for the election of Members of the National Assembly and County Women Representatives are final upon declaration by the Constituency Returning Officer at the constituency tallying centre, the petitioners argue that there exists no rationale or justifiable constitutional basis for treating the results of the presidential election differently.
“The constitutional architecture for all elections, as outlined in Article 86, is uniform. The creation of a separate, superior process exclusively for presidential results is an arbitrary and discriminatory practice that lacks a legitimate constitutional objective,” says Mr Musyoka in the push to redefine electoral procedures ahead of future elections.
The case names IEBC, its chairperson, and the Attorney-General as respondents, framing the petition as a public interest litigation to safeguard Kenya’s democracy.
In the sworn affidavit, Mr Musyoka emphasised his first-hand experience as a presidential running mate in three elections, alleging systemic flaws that erode trust.
“The persistent question of which results are final—those declared at constituencies or those ‘verified’ nationally—has left voters disillusioned,” he stated.
The petition urges the court to intervene, asserting that the IEBC’s practices violate sovereignty principles by subverting the people’s will.
“This case is not political. It is constitutional. It is about protecting the people’s vote. A credible presidential election is not a favour from the government. It is a right guaranteed by the Constitution,” said petitioners’ lawyer Gitobu Imanyara.
The new rules Gachagua, Kalonzo team wants implemented
IEBC must gazette all polling stations at least six months before elections to curb "ghost stations" and ensure transparency. IEBC must publish and avail the final voters’ register three months before elections to allow scrutiny and prevent irregularities. IEBC be prohibited from re-tallying or altering presidential results at the national tallying center after constituency declarations. IEBC must reconcile all ballots (used, spoilt, unused) at polling stations before transmitting results to prevent discrepancies. IEBC to design a results transmission system where constituency declarations are final, and reconciliation precedes electronic result submission.Uniform results process: Presidential results must follow the same finality rules as MPs/Women Reps, ending discriminatory "super-verification" at the national level. Decentralized presidential elections: Affirm Article 138(2): Presidential elections occur constituency-by-constituency, making national tally a sum of local constituency outcomes.
