How 2017 Supreme Court annulment of presidential election is shaping IEBC's vote counting

Although at least 97 per cent of Forms 34A had trickled in by Wednesday evening, the commission called for patience as it verified the data sent to it alongside forms 34A and 34B.

It, however, asked Kenyans to crunch the numbers sent to the national tallying centre at the Bomas of Kenya from polling stations but wait for the final call.

Constitutional expert Bob Mkangi says although the Supreme Court was dealing with the presidential election, some of the issues it addressed have so far been implemented.

According to him, so far, no issues have been raised on the paper trail, data management, and transmission.

"So far data management and transmission and handling of the entire paper trail and the forms have little in terms in terms of dispute in terms of how the forms have been processed," says Mkangi.

He continues: "We will know the truth of the matter when the physical ones arrive at the national [tallying centre]. There is transparency, data access, and media being able to broadcast the same. However, the tussle is around tallying at Bomas and we have to wait hopefully we will not have any issues between the cast votes and what is published in the portal.

The turnout was the lowest and this was expected owing to the voter registration apathy. It is still the same ball game from the same players and lack of trust of both political players and the election process."

Lawyer Okweh Achiando says cognizant of the Supreme Court's nullification of the 2017 presidential election, the electoral commission is cautious about revealing the winner without all Forms 34 A being transmitted. He says the forms have to go through a rigorous verification process.

Media houses are also counting votes. [Standard]

Justices Njoki Ndung'u and Jackton Ojwang' (now retired) gave dissenting verdicts.

Lawyer Shadrack Wambui says that the commission learnt the lesson that election is not about the numbers but the process.

According to him, the cautious approach it has taken in ensuring that the tallying, transmission and final announcement contain right and verifiable numbers that are quality.

"The level of preparedness of IEBC is quite commendable and they appear to have picked some serious lessons on counting, tallying, and relaying the votes. Remember what the Supreme Court told us the quantity of the election is to be measured against the quality of the election. The judgment told us we must go beyond the numbers," says Wambui.

According to him, the numbers being tallied by media houses and the forms that are on the IEBC's portal ought to ensure accountability and transparency.

He says:" The results you are seeing on Citizen, NTV, and online are not official but they are ensuring transparency, and even the portal you will find these results. The question of accountability is important and that is why they are being posted and you can easily find these results online."