Electoral system for the president

The Constitution of Kenya (2010)

Article 138: Procedure at presidential elections

138.1 If only one candidate for President is nominated, that candidate shall be declared elected.

138.2 If two or more candidates for President are nominated, an election shall be held in each constituency.

138.4 A candidate shall be declared elected as President if the candidate receives—

1. More than half of all the votes cast in the election; and
2. at least twenty-five per cent of the votes cast in each of more than half of the counties.

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—

1. The candidate, or the candidates, who received the greatest number of votes; and
2. the candidate, or the candidates, who received the second greatest number of votes.

138.7 The candidate who receives the most votes in the fresh election shall be declared elected as President.

In 2010-2011, the presidential electoral system was modified slightly, following the 2007 post-election violence. The modified two-round system requires a presidential candidate to get more than 50% of the vote in total and at least 25% of the vote in at least half of the nation’s counties in order to be elected in a first round poll. The law seeks to move Kenya to a political process that is less ethnic based, ensuring that a candidate has broad support throughout a number of geographical regions and ethnic groups.