Gov't clarifies livestreaming of poll results retained in Elections Bill

The State Department for Parliamentary Affairs has clarified that the Elections (Amendment) (No. 2) Bill, 2024, retains the requirement for the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for livestreaming election results ahead of the 2027 General Election.

In a press statement issued on Saturday, Parliamentary Affairs Principal Secretary Dr. Aurelia Rono dismissed reports suggesting that amendments passed by the National Assembly had removed the livestreaming requirement, saying the provision remains intact.

PS Rono said the National Assembly deleted a clause in the Bill that sought to amend Section 39 of the Elections Act, which governs the determination and declaration of election results.

“Contrary to these reports, the amendment passed by the National Assembly retains the requirement on the IEBC to establish a mechanism for the livestreaming of election results,” Rono said.

The clarification follows the passage of the Bill by the National Assembly on Thursday, October 22, after it was referred to the Departmental Committee on Justice and Legal Affairs for public participation and engagement with stakeholders, including the IEBC.

According to PS Rono, Clause 22 of the Bill, as received from the Senate, proposed deleting Section 39 of the Elections Act and replacing it with a different provision.

However, the National Assembly removed the clause following a High Court judgment delivered on September 22, 2026, which upheld the constitutionality of Section 39 and Regulation 83(2) of the Elections (General) Regulations.

The court, in the case of Okoiti & another v Independent Electoral and Boundaries Commission & 5 others, declined a request by petitioners to quash the two provisions and cautioned Parliament to consider its interpretation of Section 39 when finalising electoral legislation ahead of the 2027 polls.

“Cognisant of the guidance of the High Court, the National Assembly deleted Clause 22 to ensure the retention of Section 39 as it is currently provided for in the Elections Act and also retained the requirement for livestreaming as provided for under Section 39(1G),” Rono said.

The Bill contains other proposed changes to the electoral framework, including provisions requiring the voters’ register to be available for inspection, except during designated periods before an election or referendum.

It also seeks to remove the IEBC’s involvement in political party primaries, revise the procedure for recalling Members of Parliament to align with the Constitution, and give political parties greater flexibility in identifying and nominating candidates for elective and party-list positions.

The proposed law further provides for the suspension of voter registration during a by-election only within the affected electoral area. A person registering during the suspension would not be eligible to contest in that particular by-election.

The Bill also seeks to promote fairness, accountability and substantive justice in the hearing and determination of electoral disputes.

Following its passage by the National Assembly with amendments, the Bill will be returned to the Senate for consideration in accordance with Article 110(4) of the Constitution.

PS Rono urged Kenyans to rely on official sources for information on legislative proposals and verify reports before sharing them, amid public debate over the proposed changes to the country’s electoral laws.