162 of such technology as may be found appropriate.’ On this basis, the Court found that the election could not be annulled on account of the reversal to the manual system. 5.18.0.7 In 2016, the Election Laws (Amendment) Act No. 36 of 2016 was enacted. It gave effect to several areas for legislative reform proposed by the Supreme Court in Raila Odinga 2013. The Act made several changes that included extensive amendments to sections 39 and 44 of the Elections Act. 5.18.0.8 Section 39 of the Elections Act was amended by, inter alia, adding the following sub-section on presidential elections: (1A) the Commission shall appoint constituency returning officers to be responsible for(i) … (ii) collating and announcing the results from each polling station in the constituency for the election of the President, county Governor, Senator and county women representative to the National Assembly; and (iii) ………. (1C) For purposes of a presidential election the Commission shall:(a) electronically transmit, in the prescribed form, the tabulated results of an election for the President from a polling station to the constituency tallying centre and to the national tallying centre; (b) tally and verify the results received at the national tallying centre; and (c) publish the polling result forms on an online public portal maintained by the Commission. (1D) The chairperson of the Commission shall declare the results of the election of the President in accordance with Article 138(10) of the Constitution. 5.18.0.9 This amendment, for the first time, placed a mandatory obligation on the IEBC to electronically transmit the tabulated presidential results from the polling stations to the constituency tallying centre and national tallying centre. It, nonetheless, retained sub-sections (2) and (3) on ‘provisional results’ (see sections 5.18.0.3 and 5.18.1.2). 5.18.0.10 As for IEBC’s discretion on deployment of technology, the same was done away with by deleting section 44 of the Elections Act. In its place the following provision was enacted: 44 (1) Subject to this section, there is established an integrated electronic electoral system that enables biometric voter registration, electronic voter identification and electronic transmission of results. (2) The Commission shall, for purposes of subsection (1), develop a policy on the progressive use of technology in the electoral process. (3) The Commission shall ensure that the technology in use under subsection (1) is simple, accurate, verifiable, secure, accountable and transparent. (4) The Commission shall, in an open and transparent manner- BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION