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Originally published by Capital News
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September 22, 2026
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Court upholds national tallying of presidential results in Omtatah case

Court upholds national tallying of presidential results in Omtatah case

The court upheld Section 39(1C) of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, which provide for the aggregation and verification of presidential results at the national level...

✨ Key Highlights

The High Court has upheld the legality of national tallying and verification of presidential election results, dismissing a challenge by Busia Senator Okiya Omtatah.

  • The court affirmed that national aggregation is essential to confirm if a presidential candidate meets the constitutional threshold of winning more than half of all votes cast and at least 25 per cent in more than half of Kenya’s counties.
  • Key parties involved were the High Court, Busia Senator Okiya Omtatah, and the Independent Electoral and Boundaries Commission (IEBC).
  • The ruling clarified that the IEBC cannot alter results declared at polling stations, with verified polling station results prevailing in cases of discrepancies.

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