Understanding Kenya's Election Forms: Form 32 to Form 39A

Every number announced on Kenya's election night traces back to a physical form filled in by hand at a polling station. These statutory forms, prescribed by the Elections Act and IEBC regulations, are the legal foundation of Kenya's election results. Understanding them is essential for agents, candidates, observers, and anyone who wants to verify election outcomes.

This article is based on the ORPP Agents Quick Guide (June 2022), published by the Office of the Registrar of Political Parties, which details all statutory forms used in Kenyan elections and the procedures for completing and distributing them.

Overview of All Election Forms

The statutory forms used in a Kenyan general election can be grouped into three categories: administrative forms (used before and during voting), counting forms (used during the count), and results declaration forms (used to declare final results per position). Here is the complete list:

Form 32: Oath of Secrecy

Form 32 is the Oath of Secrecy that every election agent must sign before they are allowed to begin their duties at a polling station. The form is not a results form; it is an administrative and legal document that binds the agent to confidentiality.

What It Captures

• The agent's full name and national ID number
• The candidate or political party the agent represents
• The specific polling station or tallying centre assignment
• The agent's sworn commitment not to disclose how any individual voter cast their ballot

Who Fills It and Who Signs It

The agent fills in their personal details and signs the oath. The Presiding Officer witnesses the signature and counter-signs. The form is retained by the Presiding Officer as part of the station's records.

Legal Consequence

Violating the Oath of Secrecy is a criminal offence under the Elections Act. An agent who reveals how a specific voter voted can face prosecution, fines, or imprisonment.

Form 32A: Voter Identification Form

Form 32A is used during the voting process to record voter identification details. When a voter presents themselves, their identity is verified through the KIEMS biometric kit and/or the printed register. Form 32A captures this verification process.

What It Captures

• Voter's name as it appears in the register
• Voter's national ID or passport number
• Whether biometric verification was successful or manual verification was used
• The serial number of the ballot papers issued to the voter

Who Fills It

Clerks 2 and 3 (ID/Register Check and KIEMS Biometric Verification) complete this form as part of the voter identification flow. The Presiding Officer oversees and signs off on the completed form.

Form 33: Tally Sheet

Form 33 is the tally sheet used during the counting process. After the last voter has cast their ballot and the ballot boxes are opened, the Presiding Officer and clerks count the votes for each position. Form 33 is where each vote is tallied in real time.

What It Captures

• Tally marks for each candidate, position by position
• Running totals as counting progresses
• The number of rejected ballots per position
• The number of disputed ballots and how they were resolved

How It Works

During counting, each ballot is removed from the box one at a time. The Presiding Officer shows the ballot to all agents present, calls out the candidate's name, and a clerk marks a tally on Form 33. Agents watch this process to ensure accuracy. When counting for a position is complete, the tally marks are totalled and these totals are transferred to the position-specific results form (34A, 35A, etc.).

Form 34A: Presidential Results at Polling Station

Form 34A is arguably the most important form in the entire Kenyan electoral system. It is the official declaration of presidential election results at the polling station level. The 2017 Supreme Court presidential election annulment centered significantly on irregularities in Form 34A transmission and verification.

What It Captures

• Name and code of the polling station
• Number of registered voters at the station
• Total number of voters who voted (turnout)
• Votes received by each presidential candidate
• Number of rejected ballots
• Number of disputed ballots
• Total valid votes cast
• Total ballots issued, unused, and spoiled (for accountability)

Who Fills It and Signs It

The Presiding Officer completes Form 34A based on the tally from Form 33. All accredited agents present are invited to sign the form. An agent's signature confirms their presence and that the figures match the count they observed. An agent who disagrees with the figures may refuse to sign, and this refusal is noted on the form. The refusal itself becomes evidence in any subsequent election petition.

Number of Copies

Multiple copies of Form 34A are produced:

• One copy is retained by the Presiding Officer and transported with election materials to the constituency tallying centre
• One copy is displayed publicly at the polling station (posted outside for the public to see)
• One copy per agent is distributed to each accredited agent who requests it
• One electronic copy is transmitted via the KIEMS kit to the IEBC national results system

The agent's copy of Form 34A is the single most important document for parallel vote tallying. It is the primary evidence that parties use to independently verify the IEBC's announced results.

Form 35A: Member of National Assembly Results

Form 35A captures the MNA (Member of National Assembly) results at the polling station level. It follows the same format as Form 34A but is specific to the constituency parliamentary race.

What It Captures

• Votes received by each MNA candidate at the station
• Rejected and disputed ballot counts
• Total valid votes for the MNA position

Who Signs It

The Presiding Officer completes and signs it. Agents for MNA candidates sign the form. Copies are distributed in the same manner as Form 34A.

Form 36A: Senator Results

Form 36A captures the senatorial results at the polling station level. Since senators are elected at the county level, Form 36A results from all polling stations within a county are compiled at the county tallying centre to determine the county-wide senator winner.

Form 37A: County Woman Member of National Assembly Results

Form 37A captures results for the County Woman Representative (County Woman Member of National Assembly) position at the polling station. Like the senator, this is a county-wide race, so results are compiled across all stations in the county.

Form 38A: Governor Results

Form 38A captures gubernatorial results at the polling station level. The governor's race is decided at the county level, with results from all constituency tallying centres compiled at the county tallying centre. The County Returning Officer uses the compiled Form 38A figures to declare the governor winner.

Form 39A: Member of County Assembly Results

Form 39A captures MCA (Member of County Assembly) results at the polling station level. Since MCAs are elected at the ward level, and a ward may contain only a handful of polling stations, the MCA race is often the first to be declared at the constituency tallying centre.

How Forms Flow Through the System

The results declaration process follows a clear chain:

1. Polling Station: PO completes all forms (34A through 39A), agents sign, copies distributed, Form 34A transmitted electronically via KIEMS.
2. Constituency Tallying Centre: Returning Officer receives physical forms from all stations. Compiles MNA (35A) and MCA (39A) results and declares winners. Forwards presidential (34A) and county-level forms upward.
3. County Tallying Centre: County Returning Officer compiles senator (36A), CWMNA (37A), and governor (38A) results from all constituencies and declares winners. Compiles presidential results and forwards to national.
4. National Tallying Centre: IEBC Chairperson aggregates presidential results from all 47 counties using compiled Form 34A data and declares the presidential winner.

Why Form Copies Matter for Parallel Vote Tallying

The agent's copies of results forms are the foundation of parallel vote tallying (PVT). In PVT, a political party or candidate independently collects results from every polling station through their agents, compiles them separately from the IEBC, and compares the two totals.

If the IEBC's announced results do not match the party's parallel tally (compiled from agent-collected form copies), the discrepancy becomes grounds for an election petition. The physical forms, signed by agents, are admissible as evidence in court.

This is why the agent's presence and signature on every form is so critical. An unsigned form, or a form that an agent was not present to verify, weakens the evidentiary chain.

Key Takeaways

1. Form 32 (Oath of Secrecy) — signed by agents before duties begin; violation is a criminal offence
2. Form 33 (Tally Sheet) — where votes are tallied during counting; totals feed into results forms
3. Form 34A (Presidential) — the most critical form; transmitted electronically and physically
4. Forms 35A-39A — results forms for MNA, Senator, CWMNA, Governor, and MCA respectively
5. Multiple copies per form: PO retains one, one posted publicly, one per agent, one electronic via KIEMS
6. Agent signature on forms is the foundation of parallel vote tallying and election petitions

Every form tells a story. Votrack reads them all. From Form 34A to Form 39A, Votrack's platform captures, digitizes, and compiles results from every polling station in Kenya. Request a demo to see how.