Lawyer Willis Otieno has proposed eliminating the national tallying centre to ensure a free and fair election in the 2027 polls. Otieno argued that the national tallying centre violates constitutional principles and creates opportunities for election results to be manipulated.
“To achieve a free and fair election, we must do away with Bomas. There is no need for a national tallying centre,” Otieno said in an interview on Spice FM.
He elaborated on the legal foundation of his argument, explaining, “The spirit of the court’s decision in the Maina Kiai petition is clear: votes should be cast, counted, and results announced at the polling station, followed by the first tallying at the constituency level.”
Otieno emphasized that the responsibility of declaring the presidential vote should lie with the constituency returning officer, not a national figure.
“The role of a national returning officer, as Chebukati once called himself, is not supported by our laws—we do not recognize it,” he added.
Otieno argued that under a well-functioning electoral system, results should be available by the end of election night. He pointed to the United States as an example, where electoral units release results in real time, allowing media outlets to call elections as soon as the votes are tallied.
Unlike the U.S., however, Kenyan media are not allowed to announce results and must wait for the official declaration from the IEBC.
Looking ahead to the 2027 elections, the IEBC has projected a budget of Ksh62 billion, with a significant portion of that earmarked for the national tallying centre.
“Whoever the next commissioners are, we must ensure that we don’t spend Ksh12 billion on a national tallying centre when results can be declared at the constituency level,” Willis said.
Otieno also pointed to the 2002 election, which was widely regarded as free and fair, where the process was conducted mainly at the constituency level. This method minimized the electoral commission’s influence on the outcome.
He recalled that then-chairman Samuel Kivuitu announced the results without the elaborate procedures seen today, noting, “Kivuitu didn’t even have a tallying centre—he was tallying results in his boardroom.”
