The chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati has until Tuesday, August 26 to announce the winner of the presidential race.
By 11:00am on Wednesday, August 10, the IEBC had received 44,186 copies of Forms 34A, 94 per cent of the total polling stations, 46,229.
However, according to the Elections Regulations Act, Chebukati can denounce the results from various constituencies if they had been flagged for discrepancies.
Speaking to Kenyans.co.ke, constitutional lawyer Bobby Mkangi expounded on the matter. He confirmed that though the IEBC Chair can denounce the poll, he cannot make the decision alone.
"The date on the portal represents the number of Forms 34A received. Why IEBC asked Kenyans to be patient is because the forms need to undergo a verification process.
"If there are any discrepancies in any of the forms, he will have to consult with the presidential candidates' chief agents before making a final decision," Mkangi stated.
However, he noted that for any results to be rejected by Chebukati and the agents, then the procedural requirements of the Election should have been violated.
According to the Elections (General) (Amendment) Regulations 2017, a returning officer can reject the count of a presidential poll over irregularities in the numbers.
"The returning officer shall, in the presence of candidates or agents and observers, if present (b) disregard the results of the count of a polling station where the total valid votes exceeds the number of registered voters in that polling station,
"(c) disregard the results of the count of a polling station where the total votes exceeds the total number of voters who turned out to vote in that polling station," the regulations state.
The chief agents of the presidential candidates are Kithure Kindiki (William Ruto), and Saitabao Ole Kanchory (Raila Odinga).
Meanwhile, a number of candidates have already conceded defeat in the elections including outgoing MPs Moses Kuria of Gatundu South, Victor Munyaka of Machakos Town and veteran politician - Naomi Shaban.
