Kenya Senate Considers Bill to Shift Presidential Result Declaration to Constituency Level

A bill proposing a significant overhaul of Kenya’s presidential election results declaration process is currently under consideration in the Senate. 

This could potentially shift the responsibility from the Independent Electoral and Boundaries Commission (IEBC) chairperson to constituency-level returning officers. Senator Okong’o Omogeni confirmed the bill's progress, highlighting its roots in the National Dialogue Committee (NADCO) recommendations during a Citizen TV broadcast this morning.

The legislative proposal seeks to decentralise the electoral process, distributing accountability and potentially mitigating post-election disputes. This shift would dismantle the current centralised model, which has historically placed immense pressure on the IEBC chair, often resulting in legal challenges and political tensions following presidential elections.

Senator Omogeni emphasised the need for a distributed and accountable system, stating: "We want to eliminate the idea that the chairman of the IEBC is the only one who can declare the presidency." 

He argues that empowering the 290 returning officers to announce presidential results would streamline the process and enhance public confidence in electoral outcomes. Under the proposed framework, the presidential vote would be prioritised during tallying. 

Returning officers would be mandated to count and declare presidential results before addressing the other five elective positions. This sequencing, according to Omogeni, would facilitate faster projections and timely declarations, potentially mirroring the efficiency observed in technologically advanced democracies, such as the United States.

"The counting of the presidential election results will be the first task in all six elections," he noted. "You start with the presidential. When you finish as the returning officer, you make a declaration so that we have the results by 11 am."

Beyond procedural reforms, the proposal underscores the importance of robust training for electoral officials. Senator Omogeni stresses that human capacity should take precedence over technological interventions, emphasising that well-trained personnel at polling stations are essential for credible elections. 

Looking ahead, the senator suggests engaging international audit firms to verify results in real-time, citing South Africa’s recent experience as a potential model. However, he clarified that such a measure would remain at the discretion of the IEBC.