County and National Tallying: The Final Steps to Declaring Kenya's Election Results

After constituency tallying, Kenya's election results flow upward through two more critical stages: the county tallying center and the national tallying center. At each level, verification tightens, the stakes rise, and the role of agents becomes more consequential. The ORPP Agents Quick Guide maps the entire journey from constituency to final declaration.

County Tallying: Where Governors, Senators, and CWMNAs Are Declared

The county tallying center is managed by the County Returning Officer, who receives collated results from every constituency within the county. The process follows a structured sequence:

Receipt from Constituencies

Constituency Returning Officers deliver their collation forms to the county tallying center. For each constituency, the County RO receives:

• Collated result forms for Governor (Form 37A consolidated into Form 37B)
• Collated result forms for Senator (Form 36A consolidated into Form 36B)
• Collated result forms for County Women Member to the National Assembly (Form 38A consolidated into Form 38B)
• Supporting documentation including rejected ballot summaries and the tallying center proceedings

Verification at County Level

The County RO conducts the same verification steps as at the constituency level, but now at a higher aggregation:

1. Seal and signature verification: All forms must be signed by the Constituency RO and the Chief Agents at constituency level.
2. Cross-referencing: Physical forms are compared against electronic transmissions. Discrepancies trigger investigation.
3. Completeness check: All constituencies must be accounted for. A county with 10 constituencies must have results from all 10.

Tallying Per Constituency

Results are read out constituency by constituency, with agents following along using their own records. The County RO computes running totals for each candidate in the Governor, Senator, and CWMNA races.

Signing, Stamping, and Declaration

Once all constituencies are tallied:

• The County RO prepares the final collation form (Form 37C for Governor, 36C for Senator, 38C for CWMNA)
• The forms are signed by the County RO and countersigned by the County Chief Agent for each candidate or party
• The County RO formally declares the winners for Governor, Senator, and County Women Member to the National Assembly
• Copies of the collation forms are issued to the County Chief Agents

National Tallying: The Presidential Declaration at Bomas of Kenya

The national tallying center for the presidential election is traditionally held at Bomas of Kenya in Nairobi. This is where the IEBC Chairperson, as the National Returning Officer for the presidential election, oversees the final tallying and declaration.

Receipt from Constituencies

Presidential results flow directly from constituencies to the national tallying center (not through the county level). Each Constituency RO transmits Form 34B (the constituency-level presidential collation) to the national center, both electronically via KIEMS and physically.

Verification Against Originals

At the national tallying center, physical Form 34B documents are cross-referenced against:

• Electronic results transmitted via KIEMS
• Scanned copies of Form 34A from individual polling stations (uploaded via KIEMS)
• The public results portal, where citizens can view station-level results

This multi-layered verification was strengthened after the 2017 Supreme Court nullification, which cited failures in the results transmission system as a key factor.

Collation and Tallying Per County

Results are announced constituency by constituency, grouped by county. Agents and observers track the numbers against their own records. The IEBC compiles the results into a national tally, computing totals for each presidential candidate.

The Constitutional Thresholds

Under Article 138 of the Constitution of Kenya 2010, a presidential candidate must meet two thresholds to be declared the winner:

The 25% threshold is a uniquely Kenyan provision designed to ensure that the president has broad national support rather than overwhelming support in just a few regions. In practice, all presidents since 2013 have comfortably met this threshold, but it remains a constitutional requirement that the IEBC must verify before making a declaration.

Signing and Declaration by the IEBC Chairperson

Once all constituencies are tallied and the thresholds are verified:

1. The IEBC Chairperson prepares Form 34C (the national presidential collation form)
2. Form 34C is signed by the IEBC Chairperson
3. The Chairperson formally declares the president-elect
4. Copies of Form 34C and supporting documents are issued to the National Presidential Chief Agents

The Presidential Petition

Under Article 140 of the Constitution, any person may file a petition challenging the presidential election results. The timeline is extraordinarily compressed:

• Filing deadline: Within 7 days of the declaration
• Court hearing: The Supreme Court must hear and determine the petition within 14 days of filing
• Possible outcomes: The court may uphold the results, nullify the election and order a fresh one, or declare the petitioner the winner (though this has never happened)

Agents play a critical role in presidential petitions. Station-level agents can testify about irregularities they witnessed, Chief Agents can present the party's independent tally, and the result form copies held by agents serve as primary evidence. The ORPP guide emphasizes that agents should preserve all documents and photographs for potential use in petitions.

Agent Hierarchy at Each Level

The agent hierarchy mirrors the tallying structure:

At the national tallying center, only the National Presidential Chief Agent (or their designated alternate) can sign forms and file formal objections on behalf of the candidate. This is the most senior agent role in the entire electoral process.

Key Takeaways

1. County tallying center declares Governor, Senator, and CWMNA winners after receiving results from all constituencies
2. National tallying center (Bomas of Kenya) handles only the presidential result
3. Two constitutional thresholds: 50%+1 of valid votes AND 25% in at least 24 of 47 counties
4. Presidential petition must be filed within 7 days; Supreme Court decides within 14 days
5. Agent hierarchy scales from polling station to national level, with the National Presidential Chief Agent as the senior-most role

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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