Babu Owino's party wants IEBC compelled to livestream election results from polling stations

Embakasi East Member of Parliament Babu Owino’s The Mwananchi Party (TMP) has opposed proposed changes to Kenya’s electoral laws that would remove the mandatory live-streaming of election results as they are announced at polling stations.

In a statement issued on Friday, October 23, the party called on the Senate and the National Assembly Mediation Committee to reinstate the legal requirement compelling the Independent Electoral and Boundaries Commission (IEBC) to live-stream results from all polling stations.

The party was reacting to the National Assembly’s passage of the Elections (Amendment) (No. 2) Bill, 2024, on Thursday, October 22, arguing that the proposed changes would weaken transparency and public oversight ahead of the 2027 General Election.

“We welcome many of the proposed reforms, but we cannot accept provisions that would roll back hard-won gains in electoral management,” the party said in the statement signed by Executive Director Casper Sitemba.

TMP took issue with Clause 22 of the Bill, which it said repeals and replaces Section 39 of the Elections Act, 2011, removing the requirement for the IEBC to live-stream election results as presiding officers announce them at polling stations.

Although the amended provisions retain electronic transmission of result images, uploads to the online portal and the physical delivery of Form 34A, the party argued that removing mandatory live broadcasts would weaken public scrutiny during the counting process.

The party maintained that live-streaming allows voters, political party agents and election observers to verify results in real time, reducing the risk of figures being altered before reaching tallying centres.

It warned that removing the requirement could revive suspicions of electoral interference, particularly in closely contested elections, and erode public confidence in the electoral process.

“Removing this guarantee is a retrogressive step that would revive suspicion in closely contested polls,” TMP stated.

The party also argued that uninterrupted live broadcasts help prevent information blackouts that could fuel anxiety, propaganda and misinformation on election night.

It cited the 2022 General Election, during which live result feeds enabled media organisations and independent observers, including the Elections Observation Group (ELOG), to conduct parallel vote tabulations and independently track results.

According to TMP, scrapping the requirement would undermine the ability of these institutions to verify official outcomes independently and in real time, diminishing public confidence in the electoral process.

The party further questioned the constitutionality of the proposed changes, citing Articles 35 and 86 of the Constitution, which address access to information and the principles governing electoral processes.

It argued that static postings on an online results portal, without live broadcasts from polling stations, would not provide the same level of openness and public accountability.

“Static portal postings without live broadcasts fall short of this standard of openness,” the party said, referring to constitutional provisions on access to information and transparent elections.

TMP maintained that Kenyans should retain the ability to scrutinise election results as they are announced, arguing that citizens should not be expected to wait passively for official outcomes.

The party said it would defend the public’s right to follow the transmission of results, citing Article 35 of the Constitution and what it described as its ideological pillars of constitutional freedom and social justice.

With the Bill returning to the Senate for concurrence on amendments made by the National Assembly, TMP urged lawmakers to restore the live-streaming requirement under Section 39 of the Elections Act.

It also called on the Executive to reject any legal framework that weakens real-time electoral transparency ahead of the 2027 polls.

The party urged Kenyans to remain vigilant against what it described as any erosion of their right to free, fair, credible, transparent, accountable and secure elections.