According to the Constitution of Kenya, the Commission has seven days from the date of the election to announce the winner of the presidential poll.
The results are based on Forms 34B obtained from the 290 constituencies across the country.
“Within seven (7) days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall; (a) declare the result of the election; and (b) deliver a written notification of the result to the Chief Justice and the incumbent president,” reads Article 138(10) of the Constitution.
On August 11, two days after polling closed across the country, Chebukati announced results from Form 34B from one constituency – Webuye East.
The results placed Deputy President William Ruto ahead of his competition after garnering 16,412 votes.
Former Prime Minister, Raila Odinga, got 13,720 votes while Roots Party’s George Wajackoyah garnered 249 votes and Agano Party’s David Mwaure 110 votes.
To beat the deadline, the Commission needs to pick up the pace and release more Form 34Bs from all the remaining constituencies within short intervals.
For instance, the Commission should be prepared to release results from at least 60 constituencies every day, which means that they should have at least 3 forms every hour – working around the clock.
In an address to the press on Wednesday, August 10, Chebukati exuded confidence that the Commission would finalise the tallying within the seven day’s set by the Constitution.
“The issue of declaring results, that will not happen today. We have seven days to do that. As the National Returning Officer (NRO), I’m assuring you that we shall do everything to have this process concluded earliest possible,” Chebukati stated.
The Commission has already attracted criticism over the slow nature of its updates, with the outgoing Kitui governor, Charity Ngilu, accusing it of failing to speed up the process.
“The verification and tallying process has been extremely slow because the announcement that was made after the results that came out came two days later and they have only released results of one constituency which is almost telling us that they will be taking a day to announce a constituency. I hope this will not be the case because we are looking at a long wait,” complained Ngilu in an interview with Kenyans.co.ke.
So far, IEBC has been tabulating and uploading Forms 34B from various constituencies to its public portal.