Ichung’wah says Election Amendment Bill retains live-streaming of election results

The National Assembly has dismissed reports of passing a bill that removed the mandatory livestreaming of election results from the Elections Act, explaining that the requirement was retained in the Elections (Amendment) (No. 2) Bill, 2024, following changes made by MPs.

In an explainer issued on Friday, October 23, Parliament said it deleted Clause 22 of the Bill, which had proposed to repeal and recast Section 39 of the Elections Act, thereby retaining the existing legal provision requiring the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for livestreaming results announced at polling stations.

The clarification follows public debate over the Bill, which the National Assembly passed on Friday with amendments, amid concerns that the proposed changes could weaken public scrutiny of the electoral process ahead of the 2027 General Election.

National Assembly Majority Leader Kimani Ichung’wah dismissed claims that Parliament had interfered with the livestreaming requirement, accusing those spreading the reports of misleading Kenyans.

“The Bill from the Senate did not have anything to do with livestreaming. Section 39(1G) of the Elections Act requires the IEBC to establish a mechanism to livestream results announced at polling stations. The streamed results are for public information only and shall not be the basis for declaration by the Commission. That is the law as it is, and it has not changed,” Ichung’wah said.

He maintained that neither the Senate nor the National Assembly had made changes to the livestreaming provision, adding that the legislative process was not yet complete.

“Let me tell those spreading that rumour online, and the clueless and rudderless politicians who have a habit of misinforming Kenyans through propaganda, that no changes have been made to election livestreaming by either the Senate or the National Assembly,” he said.

“The Bill has not been finalised and has to return to the Senate because it is a Senate Bill. Those spreading rumours and propaganda should look for other jobs instead of inciting Kenyans.”

The controversy centres on Clause 22 of the Elections (Amendment) (No. 2) Bill, 2024, which sought to delete Section 39 of the Elections Act and replace it with a revised provision governing the determination, transmission and declaration of election results.

As initially passed by the Senate, the clause proposed changes to the legal framework governing election results, including a provision that did not expressly require the IEBC to livestream results announcements at polling stations.

The National Assembly, however, said it deleted the clause after considering public participation and a recent court judgment, leaving Section 39 intact.

According to Parliament, the move was intended to preserve the existing procedure for determining and declaring election results, including the requirement for livestreaming.

The Bill also proposes changes to other aspects of electoral administration, including voter registration, political party nominations and the recall of elected representatives.

Livestreaming allows voters, political parties, journalists and election observers to watch results being announced at polling stations and compare the figures with those transmitted to tallying centres.

The requirement is distinct from electronic transmission of results and the publication of polling-station results forms, which enable the public to access election data after it has been transmitted or uploaded.

Former Law Society of Kenya President Faith Odhiambo took to social media amid the controversy, calling on Parliament to publish the final version of the Bill and clarify its implications for electoral transparency.

In a statement posted on Facebook, Odhiambo said Kenyans should be able to follow how votes translate into election results, rather than simply relying on official declarations.

“In the published Bill, Clause 22 replaces Section 39 without expressly requiring livestreaming of results announced at polling stations, while retaining electronic transmission and online publication of results forms. That is not a ban on livestreaming,” she said.

Odhiambo nevertheless argued that transmitting results to election officials and allowing citizens to watch their announcement serve different purposes, urging Parliament to clarify whether the omission was retained in the amendments approved by MPs.

She also cited previous court proceedings concerning the livestreaming provision, arguing that electoral reforms should strengthen public accountability rather than leave transparency dependent on institutional discretion.

“The ballot is secret but the count must be open,” she said.

Meanwhile, the National Assembly said the Bill would return to the Senate for consideration of the amendments made by MPs, in accordance with Article 110(4) of the Constitution.

The clarification comes ahead of the 2027 General Election, with public scrutiny of electoral processes remaining a key issue in discussions surrounding reforms to the Elections Act.