The National Assembly has passed a bill that requires the Independent Electoral and Boundaries Commission (IEBC) to transmit presidential election results electronically within two hours of their declaration at polling stations.
Under the Elections (Amendment) (No. 2) Bill, 2024, the commission must provide reasons in a prescribed format if the results are not sent to constituency and national tallying centres, candidates or their agents, and election observers within the stipulated period.
The commission would also be required to publish polling station results forms on its public online portal and verify the figures against the results recorded and declared at each polling station.
Notably, the Bill removes an existing legal requirement for the IEBC to livestream the announcement of results from polling stations, a change that could raise questions about transparency ahead of the 2027 General Election.
IEBC Chairperson Erastus Ethekon flanked by the electoral body commissioners during a press briefing on January 27, 2025, in Nairobi.
Photo
IEBC
However, candidates, their agents, election observers and other authorised persons would be permitted to document the tallying and declaration process at polling stations and tallying centres.
In addition to digital transmission, the commission is also expected to physically transport tabulated results to the constituency and national tallying centres for further processing.
The Bill has omitted specific provisions addressing discrepancies between electronic transmissions and physically delivered results, as well as the consequences of failures to transmit or publish results electronically.
Under the changes, presidential results would be tallied, announced, and declared before those of other elective positions.
Further, the Bill allows the IEBC chairperson to declare a presidential winner before all constituencies have submitted their results if outstanding figures cannot affect the outcome.
The legislation also contains additional changes to voter registration, candidate registration, election technology, party nominations, access to electoral information and the resolution of election disputes.
It allows the public access to information on election technology used by the IEBC, including information requested for scrutiny of presidential election results, which would have to be provided within three days.
The Bill places intellectual property rights over election technology under the IEBC while restricting procurement from suppliers found guilty of procurement violations or criminal offences.
The amendments also scrap the degree requirement for candidates seeking election as Members of Parliament and members of county assemblies.
The Bill now awaits presidential assent, with the date for the signing yet to be scheduled.
IEBC Staff Inspecting Ballot Boxes
Daily Nation