Chapter 7: REPRESENTATION OF THE PEOPLEPart 1ELECTORAL SYSTEM AND PROCESS

Article 86. Voting

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Official Constitutional Text

86. At every election, the Independent Electoral and Boundaries Commission shall ensure that—

(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;

(b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;

(c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and

(d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 86 of the Kenyan Constitution sets strict performance and accountability standards for the Independent Electoral and Boundaries Commission (IEBC) during any election. It mandates that whether voting is done electronically or on paper, the system must remain simple, accurate, verifiable, secure, accountable, and completely transparent. It requires presiding officers to count, record, and announce the vote totals immediately at each individual polling station as soon as voting ends. Furthermore, the constituency returning officers must openly and accurately combine these station results and announce the final tallies without delay. Finally, the commission is legally required to build robust security mechanisms to eliminate cheating and malpractice, which includes guaranteeing the absolute safety and custody of all ballot boxes and election materials.