Statutory Result Forms in Kenya: What Form 34A to 39A Capture and Why Agents Sign

Six statutory result forms — one for each elective position — are the legal foundation of every Kenyan election result, and an agent's signature on them carries the weight of law. These forms, filled at each of Kenya's 46,000+ polling stations, are the primary evidence in any election petition.

The ORPP Agents Quick Guide (June 2022) from the Office of the Registrar of Political Parties explains the purpose, content, and legal significance of each statutory result form. This article breaks down what agents need to know.

The Six Statutory Result Forms

Each elective position in Kenya has its own dedicated result form, filled and signed at the polling station immediately after counting for that position is completed:

The "A" forms are the polling station level documents. They are then aggregated into "B" forms at the constituency, county, or ward tallying centres, and for the presidential race, further into the "C" form at the national tallying centre.

What Each Form Captures

Every statutory result form records the same core data fields for its respective position:

Station Identification

• Polling station name and station code
• Constituency and county
• Date of election
• Presiding Officer's name and signature

Voter Data

• Total registered voters at the station
• Total votes cast (number of ballots found in the box for that position)

Candidate Results

• Each candidate's name and party
• Votes received by each candidate

Ballot Accounting

• Total valid votes — sum of all candidate votes
• Total rejected ballots — ballots rejected by the PO
• Total disputed ballots — ballots flagged by agents but counted as valid
• Objected-to rejections — ballots agents believe were wrongly rejected

Verification Formula

Agents should verify this formula balances before signing the form.

Signing the Statutory Form

Is Signing Mandatory?

Signing the statutory result form is not mandatory for agents. However, it is strongly recommended. An agent's signature signifies that:

• The agent was present during counting
• The agent witnessed the process
• The agent agrees (or does not object to) the figures recorded on the form

What If an Agent Refuses to Sign?

If an agent refuses to sign the form, the Presiding Officer is required to record the reason for the refusal on the form itself or in the polling station diary. Common reasons for refusal include:

• Agent disputes the accuracy of the recorded figures
• Agent believes the counting process was flawed
• Agent was denied a recount
• Agent observed irregularities that were not addressed

A refusal to sign does not invalidate the form. The results stand as recorded by the PO. However, the refusal and the stated reason become part of the official record and can be cited in a petition.

Should Agents Always Sign?

Best practice is nuanced:

• If the count was fair and accurate: sign the form — your signature validates the result
• If you have concerns but the numbers match your tally: sign but write a note of your concerns
• If the numbers do not match your tally: refuse to sign and clearly state your reason, ensuring it is recorded

Getting Your Copy

Agents have the right to receive a copy of the completed statutory form. This is not optional — the PO must provide copies to agents who request them. The copy is the agent's official record and serves as primary evidence in parallel vote tallying and election petitions.

Electronic Transmission via KIEMS

Immediately after the form is completed and signed, the PO uses the KIEMS kit to:

1. Photograph the statutory form — capturing the complete document including all signatures
2. Transmit the image electronically to the IEBC national servers
3. Enter the numerical results into the KIEMS system for electronic tallying

The electronic image becomes the version visible on the IEBC public results portal. Any discrepancy between the electronic image and the physical form is a serious red flag.

Photographing the Form: Parallel Vote Tallying

Agents should photograph the statutory form immediately — both front and back — using their mobile phone. This photograph is the foundation of parallel vote tallying (PVT):

1. Agent photographs the completed, signed form
2. Agent transmits the photo to their candidate or party headquarters
3. The party aggregates photographed forms from all polling stations
4. The party's own tally is compared against the IEBC's electronic results

This is where platforms like Votrack are transformative. Votrack allows agents to upload photographed statutory forms directly through the app. The platform then extracts and aggregates the data, producing a parallel tally that can be compared in real time against IEBC transmissions. Discrepancies are flagged automatically, allowing the party to investigate specific stations before results are finalised.

Why These Forms Matter in Petitions

In virtually every major election petition in Kenya — from the 2017 presidential petition to hundreds of parliamentary and gubernatorial cases — the statutory result forms have been central evidence. Courts compare:

• The physical Form 34A (or equivalent) from each station
• The electronic image transmitted via KIEMS
• The aggregated totals on the "B" forms
• Agent copies and photographs

Any inconsistency between these documents can be grounds for nullifying an election result.

CTA: The statutory form is the single most important document on election day. Request a Votrack demo to see how parallel form tracking works at scale.