- PS Rono dismissed reports suggesting that amendments passed by the National Assembly had removed the livestreaming requirement, saying the provision remains intact.
- She 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.
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.