A petition was filed demanding that the Independent Electoral and Boundaries Commission (IEBC) scrap the provision that the national presidential tally is final ahead of the 2027 general election.

On Monday, Busia Senator Okiya Omtatah filed a case with the court under a certificate of urgency, challenging the IEBC’s presidential electoral system.

He said in his petition filed at the Milimani Law Courts in Nairobi there is a fundamental flaw in the artichecture of the presidential electoral system under the constitution and human rights division.

“This is specifically the unconstitutional centralisation of results verification at the national presidential tally centre,” he said.

The petitioner said the national presidential tally centre has been the primary source of political instability and litigation in the past three election cycles in 2013, 2017 and 2022.

Omtatah said he was acting on his own resolve to move to the corridors of justice adding that the issue he has raised required a final and authoritative judicial determination well in advance of the 2027 polls.

“A delay in hearing of my petition would render the sought after constitutional and electoral reforms impossible,” he pointed out.

The Senator said it is practically impossible to implement constitutional reforms as the IEBC requires sufficient lead time to overhaul its regulations, retain its staff and restructure its operational framework.

Omtatah said in his petition that the substantial question of law he has raised is of great importance and transcends immediate party politics.

He said in his supporting affidavit that he is competent to swear his affidavit on his own as petitioner.

“I have perused the application and confirm that the facts stated are true and correct,” he pointed out.

The Busia Senator said in the petition he has reaffirmed and solemnly repeated the facts and averments stated and included in his application.

He has served his 48-page petition to the IEBC, its secretariat and to both the national assembly and the senate.

Others served are the office of the Attorney General and Katiba Institute.