What does 50pc plus 1 vote’ rule mean?

Article 138 (4) of the Constitution of Kenya states that; (4) A candidate shall be declared elected as President if the candidate receives– (a) more than half of all the votes cast in the election; and (b) at least twenty-five percent of the votes cast in each of more than half of the counties.

Even as tallying continues, according to the constitution, the winning presidential candidate is required to have garnered 50% + 1 and to get more than 24% of votes in at least 24 counties.

At the same time, sub-section (5) says; If no candidate is elected, a fresh election shall be held within thirty 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.

Kenyans have been anxious to find out who will be their 5th President, with calls for peace to be maintained across the country during this period.

The results are based on Forms 34B obtained from the 290 constituencies across the country.


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