A presidential candidate in Kenya needs more than the most votes. To win in the first round, the candidate must receive more than half of the votes cast and at least 25% of the votes cast in each of at least 24 counties. Kenya has 47 counties, so 24 is the minimum number that satisfies the constitutional requirement of “more than half of the counties.”
That means a candidate could lead the national tally and still fail to be elected if they miss either threshold.
Why does Kenya have a county vote requirement?
The presidential election is a nationwide contest, but Article 138 of the Constitution also requires support spread across the country. A candidate cannot win solely by piling up votes in a few populous areas: they must reach the 25% threshold in at least 24 counties.
The two tests work together:
| Constitutional test | What the candidate needs |
|---|---|
| National vote | More than half of the votes cast |
| County spread | At least 25% of the votes cast in each of at least 24 counties |
A majority of counties does not mean winning those counties. A candidate can finish second in a county and still meet the county threshold there, provided they receive at least 25% of its votes.
Is 50% of the vote enough?
No. The Constitution says more than half, so exactly 50% would fall short. “50% plus one vote” is a useful shorthand when votes are counted as whole numbers, but the precise threshold depends on the final vote total. The candidate must also meet the county requirement. klrc.go.ke
For example, if 10 million votes count towards the presidential result, a candidate would need at least 5,000,001 to pass the national threshold. Even then, they could only be declared elected in the first round if they also secured at least 25% in 24 or more counties.
What happens if nobody meets both requirements?
If no candidate is elected, Article 138 provides for a fresh presidential election within 30 days of the previous election. The contest is generally between the candidate with the most votes and the candidate with the second most votes in the first election. The Constitution also addresses a specific case where candidates tie for the highest number of votes.
This is the run-off provision. It applies when the first election produces no candidate who satisfies the constitutional conditions; it should not be confused with a fresh election ordered after a court invalidates a result.
Who declares the presidential result?
The chairperson of the Independent Electoral and Boundaries Commission must declare the presidential election result within seven days after the election and send written notification to the Chief Justice and the incumbent President. A declaration can be challenged through a petition filed in the Supreme Court within seven days of the result being declared.
For voters following the 2027 tally, the key question is therefore not simply “Who is ahead?” It is “Has the leading candidate passed both the national vote threshold and the 24-county threshold?”
