Procedure at Presidential Elections: Article 138 of the Constitution of Kenya

138. Procedure at presidential election
(1) If only one candidate for President is nominated, that candidate shall be
declared elected.
(2) If two or more candidates for President are nominated, an election shall be
held in each constituency.
(3) In a presidential election—
(a) all persons registered as voters for the purposes of parliamentary
elections are entitled to vote;
(b) the poll shall be taken by secret ballot on the day specified in Article
101(1) at the time, in the places and in the manner prescribed under
an Act of Parliament; and
(c) after counting the votes in the polling stations, the Independent
Electoral and Boundaries Commission shall tally and verify the count
and declare the result.
(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 per cent of the votes cast in each of more than
half of the counties.
(5) 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.
(6) If more than one candidate receives the greatest number of votes, clause
(5)(b) shall not apply and the only candidates in the fresh election shall be those
contemplated in clause (5)(a).
(7) The candidate who receives the most votes in the fresh election shall be
declared elected as President.
(8) A presidential election shall be cancelled and a new election held if—
(a) no person has been nominated as a candidate before the expiry of
the period set for the delivery of nominations;
(b) a candidate for election as President or Deputy President dies on or
before the scheduled election date; or
(c) a candidate who would have been entitled to be declared elected as
President, dies before being declared elected as President.
(9) A new presidential election under clause (8) shall be held within sixty days
after the date set for the previous presidential election.
(10) Within seven days after the presidential election, the chairperson of the
Independent Electoral and Boundaries Commission shall—
(a) declare the result of the election; and
(b) deliver a written notification of the result to the Chief Justice and the
incumbent President.