Maraga Calls for Abolition of Bomas Tallying Centre Ahead of 2027 Polls

Former Chief Justice David Maraga has called for the abolition of the national tallying centre at Bomas of Kenya before the 2027 General Election.

Speaking on Tuesday, 15 September, Maraga, who heads the People’s Coalition on Electoral Reforms, said the Constitution does not provide for a national tallying centre and argued that its use has contributed to disputes and mistrust during previous elections.

Maraga said presidential election results should be determined at polling stations and constituency level. He cited Articles 86 and 138 of the Constitution, which require votes to be counted, tallied and verified at polling stations, while constituency returning officers are responsible for collating and announcing the results.

He argued that once results have been declared at these levels, they are final and cannot be altered by the Independent Electoral and Boundaries Commission (IEBC) or any other authority. The former Chief Justice also cited the Supreme Court’s ruling in the Maina Kiai case, which affirmed the finality of results declared at polling stations. He referred to the 2017 and 2022 presidential election petitions, in which the court criticised the Bomas tallying centre as a place associated with opacity and division.

Maraga said the IEBC chairperson’s constitutional role is limited to declaring results already announced at lower levels and does not extend to retallying or re-verifying them. The People’s Coalition on Electoral Reforms has also challenged provisions in the Elections Act and related regulations that provide for a national tallying centre.

The coalition argues that the provisions improperly give the IEBC chairperson and commissioners authority to retally presidential votes, which it says is not provided for under Article 138(10) of the Constitution.

“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.