Constituency Tallying in Kenya: How Results Move from Stations to Declaration

The constituency tallying center is where polling station results become official declarations. For Member of the National Assembly (MNA) and Member of the County Assembly (MCA), this is the final stop — winners are declared here. For Governor, Senator, County Women Member to the National Assembly (CWMNA), and Presidential results, the constituency is a critical intermediate step in a longer chain.

The ORPP Agents Quick Guide details the constituency tallying process extensively, outlining the roles of the Returning Officer, agents, and observers at this pivotal stage of Kenya's electoral process.

Receipt of Materials from Polling Stations

As materials arrive from each polling station, the Returning Officer (RO) and their team conduct a systematic intake process:

1. Verification of seals: The RO checks that tamper-proof envelopes and ballot boxes arrive with their seals intact. The serial numbers on the envelopes are cross-referenced against the numbers recorded at the polling station.
2. Verification of signatures: Original result forms (Forms 34A through 39A) are checked for the PO's signature, agents' countersignatures, and the official stamp. Unsigned forms raise immediate red flags.
3. Cross-referencing with electronic results: The RO compares the physical forms against the results already transmitted electronically via the KIEMS kit. Any discrepancy between the physical and electronic record is flagged for investigation.
4. Logging arrival: Each set of materials is logged with the time of arrival, the name of the person delivering them, and the security escort details.

The Tallying Process

Once materials from a polling station are verified, the results are entered into the constituency tally. This is done in public, with agents, observers, and media present. The process follows a strict sequence:

What Gets Declared at Constituency Level

The constituency is the declaration point for two critical positions:

• Member of the National Assembly (MNA): The RO tallies Form 35A results from all polling stations in the constituency, computes the final tally, and declares the winner. The declaration is final — subject only to a court petition.
• Member of the County Assembly (MCA): For each ward within the constituency, the RO tallies Form 35A results from all stations in that ward and declares the MCA winner. Since wards are subsets of constituencies, the same tallying center handles multiple MCA declarations.

What Gets Announced but Not Declared

Presidential results are announced per polling station at the constituency level. The RO reads out the presidential Form 34A results for each station, but does not declare a presidential winner — that can only happen at the national tallying center. The constituency-level presidential results are collated onto Form 34B and forwarded to the national tallying center.

What Gets Collated and Forwarded

Results for Governor, Senator, and County Women Member to the National Assembly are tallied at the constituency level but not declared. Instead, the RO collates these results and forwards them to the county tallying center, where the County Returning Officer handles the final declaration.

The Constituency Chief Agent

At the constituency tallying center, the agent hierarchy changes. Individual polling station agents report to the Constituency Chief Agent, who is the senior-most representative of a candidate or party at this level. The Constituency Chief Agent has specific responsibilities outlined in the ORPP guide:

• Coordinating station agents: Receiving reports from agents at individual polling stations and consolidating information.
• Verifying the tally: Cross-checking the RO's tally against the copies of result forms collected by station agents. If a station agent photographed Form 34A and reported results via phone or USSD, the Chief Agent should have an independent record to compare.
• Signing collation forms: The Chief Agent signs the constituency collation forms on behalf of the candidate or party, making them a witness to the official tally.
• Filing objections: If the Chief Agent identifies discrepancies — a station's results at the tallying center differ from the agent's copy, or seals appear tampered with — they must formally object. The objection is recorded in the tallying center proceedings.
• Reporting upward: The Chief Agent communicates the constituency tally to the County Chief Agent, maintaining the party's independent record of results.

What Agents Should Verify at Constituency Tallying

The ORPP guide emphasizes that agents at the tallying center must be vigilant about specific aspects of the process:

1. Results match agent copies: Compare every station's result announced by the RO against the copy the station agent received. Discrepancies should be raised immediately.
2. All stations accounted for: Verify that results from every polling station in the constituency are included in the tally. Missing stations must be explained.
3. Arithmetic accuracy: Check that the running totals are computed correctly. Simple addition errors have changed outcomes in past elections.
4. Form completeness: Ensure that forms arriving at the tallying center are fully filled, signed, and stamped. Incomplete forms should be flagged.
5. Rejected ballot reconciliation: The total of rejected ballots across all stations should be computed and recorded. The Form 41 from each station should be verified.
6. Timely arrival: Note which stations' materials arrive late and whether the delay has a plausible explanation. Unexplained delays are a red flag.

Issuing Collation Forms to Agents

After the constituency tally is complete, the RO issues collation forms to the Chief Agents. These forms are the agent's official record of the constituency-level results and serve as critical evidence in any subsequent petition. Agents must:

• Verify that the collation form matches the tally they witnessed
• Ensure the form is signed and stamped by the RO
• Keep the form in a secure location — it may be needed in court
• Photograph the form as a backup

Key Takeaways

1. MNA and MCA winners are declared at the constituency tallying center — this is the final stop for these positions
2. Presidential results are announced per station but not declared — they are collated on Form 34B and forwarded to the national tallying center
3. Governor, Senator, and CWMNA results are tallied at constituency level and forwarded to the county tallying center
4. The Constituency Chief Agent coordinates station agents, verifies the tally, signs collation forms, and files objections
5. Six critical verification points for agents: results match, all stations accounted for, arithmetic accuracy, form completeness, rejected ballot reconciliation, and timely arrival

Source: This article draws from the ORPP Agents Quick Guide (June 2022), published by the Office of the Registrar of Political Parties with support from the National Democratic Institute (NDI).

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