Livestreaming impasse: What is in the Elections Bill?

Kenyans had earlier raised concerns that the amendments passed by the National Assembly on October 22 had removed the livestreaming requirement.

However, Members of the National Assembly, and even President William Ruto, have maintained that the livestreaming provision remains intact.

Parliamentary Affairs Principal Secretary Dr. Aurelia Rono dismissed reports suggesting that the provision was compromised, clarifying that 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.

Clause 22 of the Elections (Amendment) (No. 2) Bill, 2024 proposed the deletion of the entire section 39 of the Elections Act and replacing it with a new section 39 on the determination and declaration of results.

Of much contention is Section 39 1(G) of the Elections Act, Cap. 7, which provides that "The Commission shall, to facilitate public information, establish a mechanism for the livestreaming of results as announced at polling stations, and the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission."

The National Assembly maintains that it removed Clause 22 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.

Government spokesperson Charles Owino echoed the sentiments, saying that Kenyans need to approach scrutiny with factual evidence and reference to Parliament's official records.

"These reports are false. Consequently, Section 29 remains in force without the proposed changes to remove livestreaming. The claim that Parliament has abolished the mandatory livestreaming of election results is therefore false," he said.

President Ruto accused opposition leaders of "spreading propaganda", denying a plot by the Executive and Legislature to amend the law to manipulate livestreaming of election results.

"Walitumia hiyo propaganda moja kupinga Finance Bill 2024... Saa hii tena wanatumia propaganda ati kuna njama ya kubadilisha election results livestream," said Ruto.

Legal debacle

The Bill proposed by Suba South Member of Parliament (MP) Caroli Omondi and the Senate is currently undergoing legislative review, sparking intense public debate and confusion regarding the legal requirement for IEBC to livestream elections.

MP Omondi said his proposal sought to ensure livestreamed results counted in determining the election outcome.

“My proposal was to make the livestreamed results count, but it was voted against in the House,” Omondi said during a parliamentary session on October 22.

In April 2018, Justice Chacha Mwita, in Katiba Institute vs Attorney General, invalidated Section 39 1(G) but confined streamed results to public information and excluded them as a basis for declaration.

“...the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission,” he ruled.

"A declaration be and is hereby issued that sections 39(1C) (a), 39(1D), 39(1E), 39(1F), 39(1G), and the entire 83 of the Elections Act, 2011 are constitutionally invalid," he ruled.

The appellate court questioned the distinction between results streamed from polling stations and those used to declare the final outcome. It rejected the restriction for undermining electoral transparency and accountability and did not prohibit livestreaming.

The finding was upheld by the Court of Appeal in 2023 in National Assembly vs Katiba Institute.

Busia Senator Okiya Omtatah argued that the Bill did not replace the provision on livestreaming but introduced another one on access to polling or tallying centres by candidates and other parties to record the tallying and declaration of results.

Section 39 (9) of the deleted section proposed that "the Commission shall, to facilitate public information, allow a candidate and their agent, observers and any other person authorised to access a polling station or tallying centre to record and document the tallying, announcement and declaration of results."

The Bill has now been transmitted back to the Senate to consider the National Assembly’s amendments to the Bill.

If the Senate concurs with the amendments by the National Assembly to the Bill, the Bill will then be presented to President Ruto for assent.

If the Senate rejects the amendments, the Bill will be subjected to the mediation process as provided for in Article 113 of the Constitution.