Parliament Clears the Air: Mandatory Livestreaming of Election Results Retained in Law

NAIROBI, KENYA — The National Assembly has forcefully dismissed widespread reports alleging that MPs passed legislation removing the mandatory livestreaming of election results from the country’s electoral laws.

In a detailed explainer released on Friday, October 23, 2026, parliamentary officials clarified that the mandatory requirement for the Independent Electoral and Boundaries Commission (IEBC) to stream results directly from polling stations remains intact under Section 39 of the Elections Act.

The controversy arose following public outcry over the Elections (Amendment) (No. 2) Bill, 2024, which passed the National Assembly on Friday with several amendments. Critics and members of the public expressed fear that the legislative changes would compromise transparency and restrict public scrutiny ahead of the upcoming 2027 General Election.

The Clause at the Center of Controversy

The legal debate focused heavily on Clause 22 of the proposed Senate Bill, which sought to repeal and recast Section 39 of the Elections Act the primary legal provision governing how election results are determined, electronically transmitted, and declared.

In the original version of the Bill passed by the Senate, Clause 22 altered the legal framework surrounding result declarations without explicitly retaining the statutory obligation for the IEBC to livestream polling station announcements.

However, the National Assembly confirmed that during its deliberations, MPs voted to delete Clause 22 entirely. This parliamentary amendment was informed by public participation feedback and recent binding court rulings regarding electoral management.

By striking out Clause 22, the National Assembly preserved Section 39 in its existing form, maintaining all original statutory mandates.

"No Changes Made to Livestreaming": Majority Leader Ichung'wah

National Assembly Majority Leader Kimani Ichung’wah strongly repudiated claims of political interference with electoral transparency, accusing critics and commentators of spreading misinformation.

"The Bill from the Senate did not have anything to do with livestreaming. Section 39(1G) of the Elections Act requires the IEBC to establish a mechanism to livestream results announced at polling stations. The streamed results are for public information only and shall not be the basis for declaration by the Commission. That is the law as it is, and it has not changed," Ichung’wah stated.

Addressing public apprehension over the legislative timeline, Ichung’wah emphasized that the legislative process remains ongoing and warned against speculation:

"Let me tell those spreading that rumour online, and the clueless and rudderless politicians who have a habit of misinforming Kenyans through propaganda, that no changes have been made to election livestreaming by either the Senate or the National Assembly.

"The Bill has not been finalised and has to return to the Senate because it is a Senate Bill. Those spreading rumours and propaganda should look for other jobs instead of inciting Kenyans."

Civil Society Demands Public Clarity and Accountability

Despite official explanations from Parliament, legal experts and civil society leaders have urged lawmakers to maintain absolute openness.

Former Law Society of Kenya (LSK) President Faith Odhiambo took to social media to urge Parliament to urgently publish the finalized, amended version of the Bill to eliminate lingering public doubt.

While acknowledging that omitting explicit livestreaming text in the original version was not an outright ban on streaming, Odhiambo emphasized the essential difference between backend electronic transmission and real-time public broadcasts:

"In the published Bill, Clause 22 replaces Section 39 without expressly requiring livestreaming of results announced at polling stations, while retaining electronic transmission and online publication of results forms. That is not a ban on livestreaming," Odhiambo noted.

She argued that citizens must not be left to rely solely on institutional discretion or administrative goodwill when it comes to the verification of democratic outcomes:

"The ballot is secret, but the count must be open," she emphasized, advocating for legislative protections that bolster public confidence.

Understanding the Difference: Transmission vs. Livestreaming

The debates highlight a critical technical distinction within Kenya's electoral architecture:

1. Electronic Transmission & Publication: The process where presiding officers electronically upload digitized copies of result forms (such as Form 34A) onto a central portal for official verification and public download after tallies are completed.
2. Livestreaming of Results: The continuous, real-time broadcast of results as they are read aloud at individual polling stations. This mechanism permits voters, election observers, party agents, and media outlets to track data feeds immediately at the point of counting and cross-reference them against final tally center totals.

What Comes Next?

Beyond Section 39, the comprehensive Elections (Amendment) (No. 2) Bill, 2024 touches on several vital areas of electoral governance, including voter registration protocols, political party nomination timelines, and legal frameworks governing the recall of elected representatives.

Pursuant to Article 110(4) of the Constitution of Kenya, because the National Assembly amended the Senate-sponsored Bill, the draft legislation must now return to the Senate for concurrence on the changes made by MPs before it can be submitted for presidential assent.

As the country inches closer to the 2027 electoral cycle, public engagement, legislative scrutiny, and institutional safeguards around the IEBC are expected to remain under intense public focus.