GAZETTE NOTICE NO. 9540

IN EXERCISE of the powers conferred by Articles 88 (4) of the Constitution of Kenya, section 4 of the Independent Electoral and Boundaries Commission Act, 2011, sections 38 and 39 of the Elections Act, 2011 and Regulations 79, 83, 87(1) (b), 3 and 98 (1) and (2) of the Elections (General) Regulations, 2012, the Independent Electoral and Boundaries Commission makes the following directives on the conduct of the 9th August, 2022 General Election exercise provided in the First, Second and Third Schedules herein below: FIRST SCHEDULE ELECTION RESULTS PATH Where the constitutional threshold is achieved the Chairperson of the Commission announces results from each County, declares the results of the Presidential election and delivers a written notification of the result to the Chief Justice and to the incumbent President within seven (7) days of the declaration. Where the constitutional threshold is not achieved a fresh election shall be held within thirty (30) days after the previous election and in that fresh election the only candidates shall be; (a) The candidate, or the candidates who received the greatest number of votes and (b) The candidate, or the candidates, who received the second greatest number of votes. RESULT PATH AT THE NATIONAL TALLYING CENTER The Presidential Returning Officer (Commission Chairperson): 1. Receives Form 34As and 34B from the Constituency Returning Officer. 2. Verifies; (i) the electronically transmitted Form 34As against the delivered Form 34As. (ii) Collated result in Form 34B received from the Constituency Returning Officer against Form 34As from all the polling stations in the Constituency. 3. Records errors/variances discovered in Form 34B and generate an Error Collation Report. 4. Completes the handing over/ taking over section of Form 34B with the Constituency Returning Officer. 5. Announces the received results from each Constituency. 6. Tallies and completes Form 34C. 7. Verifies the collated results in Form 34C against each polling station result Form 34As. 8. Prints the Election Result Form 34C. 9. Announces the results for each of the Presidential candidate for each county. 10. Fills his name, signs, dates and stamps the Form 34C. 11. Invites the chief agents to append their signatures in Form 34C. 12. Determines that the candidate has achieved the Constitutional threshold of; (i) More than half of all votes cast in the election; and (ii) At least 25 percent of the votes cast in each of more than half of the Counties. 13. Publicly declares the President Elect Results of the declaration Form 34C. 14. Presents a copy of the Election Result Form 34C to the chief agents. 15. Declares the result of the Election using Form 34C. 16. Fills and issues a Certificate to the President Elect prescribed in Form 34D. RESULT PATH AT THE CONSTITUENCY TALLYING CENTER The Constituency Returning Officer: 1. Receives all original Forms 34As election results physically delivered from all polling stations in the Constituency. 2. Disregards the results of the count of a polling station where the total valid votes exceed the number of registered voters in that polling station. 3. Disregards the results of the count of a polling station where the total votes exceed the total number of voters who turned out to vote in that polling station. 4. Announces the results of the original Form 34As from each polling station. 5. Collates by recording election results from all original Forms 34As of the Presidential Election as received from each polling station in the Constituency to Form 34B. 6. Verifies the collated results in Form 34B against each polling station result Form 34As. 7. Invites the Tallying Centre agents to verify and confirm the results in Form 34B and to append their signatures. 8. Fills in Name, Identification Card Number, Sign, date and Stamp the Form 34B. 9. Scans Form 34B and uploads to the public portal. 10. Makes copies of Form 34B available to the Tallying center agents. 11. Scans all received Form 34As and collated Form 34B. 8th August, 2022 THE KENYA GAZETTE 12. Stores scanned Form 34As and collated Form 34B in the provided Commission archival tool. 13. Physically delivers the original Form 34As and 34B to the Presidential Returning Officer at the National Tallying Center. ELECTION RESULT PATH AT A POLLING STATION The Presiding Officer: 1. Counts votes and tabulates the election result in Form 34A. 2. Enters in Form 34A valid votes cast in favour of each candidate. 3. Enters in Form 34A the polling station counts 4. Enters in Form 34A the decision on disputed votes (if any). 5. Signs, dates and stamps the original and carbonated copies of Form 34A with the provided Presiding Officer’s Stamp. 6. Allows the Deputy Presiding Officer to sign and date Form 34A. 7. Requests the candidates or agents present to append their signatures on Form 34A. 8. Indicates reasons by candidate or agent for refusal to sign (if any). 9. Duly fills Presiding Officer’s comments. 10. Duly signs off the form after his/her comments 11. Announces the results as recorded in Form 34A. 12. Clicks the Result Transmission System (RTS) icon in the KIEMS Kit. 13. Puts in the Presiding Officer’s Password. 14. Confirms on the KIEMS Kit whether: (a) the Deputy Presiding Officer has duly signed the Form 34A; (b) the Presiding Officer has signed the Form 34A; and (c) the Form 34A has been stamped. 15. Captures a clear and focused image of the original Form 34A using the KIEMS Kit. 16. Verifies the image for clarity or legibility. 17. Displays to the Agents present the image captured. 18. Transmits the results using the KIEMS Kit. 19. Waits for the confirmation status “Pending> Sending> Submitted.’’ If there is no network at the polling station; 20. Waits for the confirmation status “Pending> Sending…” 21. Switches off the KIEMS Kit and only switches it on once at the Constituency Tallying Centre for transmission to be “…>submitted”. 22. Fills in the Polling Station Diary with all relevant details. 23. Confirms correctness of Polling Station Diary regarding ballot counts for all elections. 24. Packages result Forms and related materials for transportation to the Constituency Tallying Centre. 25. Physically delivers the ORIGINAL Form 34A, ballot box, and other election results related forms, materials and equipment to the Constituency Returning Officer. SECOND SCHEDULE Complementary Mechanism for Result Transmission System 1. In case the results transmission fails at the polling station, the Presiding Officer will be required to proceed to the Constituency Tallying Centre and transmit from the Constituency Tallying Centre. 2. Where the KIEMS Kit fails completely: (i) The Presiding Officer shall inform the Constituency Returning Officer of the failure of the Kit and asks for replacement or repair of the KIEMS Kit. (ii) In the event that the KIEMS kit cannot be repaired or replaced, the Presiding Officer shall document the incident in the Polling Station Diary which shall be signed by all the agents. (iii) The PO then proceeds to deliver the hard copy Form 34A and Polling Station Diary to the Constituency Returning Officer. (iv) The Commission shall publicize, through electronic or print media of national circulation, or any other accessible medium, to the public of the failure of transmission from that polling station. THIRD SCHEDULE VOTING TIME FOR KENYAN VOTERS RESIDING OUTSIDE THE COUNTRY Pursuant to the High Court Decision in Constitutional Petition No. E089 of 2022 and in exercise of the powers conferred by Articles 82 (1) (e), 83 and 88 (4) of the Constitution of Kenya, section 4 of the Independent Electoral and Boundaries Commission Act, 2011 and Regulations 39 of the Elections (Registration of Voters) Regulations, 2012 and Regulation 66 of the Elections (General) Regulations 2012, the Independent Electoral and Boundaries Commission notifies the public that the following directives shall apply in respect to time for voting for registered Kenyan voters living outside the country; 1. That voting shall be between 6.00 O’Clock in the morning and end at 5.00 O’Clock in the afternoon; and 2. That voting day shall be 9th August, 2022 local time in the respective country. Dated the 5th August, 2022. W. W. CHEBUKATI, Chairperson, Independent Electoral and Boundaries Commission.