Former Law Society of Kenya (LSK) President Faith Odhiambo and political movement Taifa Mpya have raised concerns over changes to Kenya’s electoral laws, warning that removing an explicit requirement for livestreaming election results could weaken public scrutiny ahead of the August 10, 2027, General Election.
The concerns follow the passage of the Elections (Amendment) (No. 2) Bill, 2024, by Parliament on October 22, 2026. The amendment repeals and replaces Section 39 of the Elections Act, but the published version does not expressly require the Independent Electoral and Boundaries Commission (IEBC) to livestream results as they are announced at polling stations.
Odhiambo has called on Parliament to publish the final approved text and clarify whether the omission remained in the version passed by MPs, arguing that Kenyans should be able to observe how votes are counted and results announced rather than rely solely on assurances from electoral officials.
In a separate statement, Taifa Mpya urged President William Ruto not to assent to the Bill in its current form, asking him to return it to Parliament with reservations to restore an explicit legal requirement for livestreaming.
The movement argued that electronic transmission of results to tallying centres and publication of results forms cannot fully replace the public’s ability to watch announcements as they happen.
While the proposed changes retain provisions for electronic transmission of presidential results and publication of polling-station results forms on a public portal, they do not expressly preserve the livestreaming obligation.
Taifa Mpya said the distinction was important because transmission allows officials to share results electronically, while livestreaming enables voters, journalists, political parties and election observers to witness the announcement process directly.
The movement also called on MPs to reinstate an enforceable duty on the IEBC to livestream results and urged the commission to commit in writing to broadcasting polling-station announcements during the 2027 elections. It further proposed that every Form 34A be published on a public portal in real time.
The debate revives earlier court decisions on the issue. In April 2018, the High Court in *Katiba Institute v Attorney General* invalidated a provision that required livestreaming but restricted streamed results to public information, preventing them from forming the basis of the election declaration. The Court of Appeal upheld the invalidation in October 2023. The rulings did not prohibit livestreaming itself.
Taifa Mpya argued that the wording rejected by the courts could be corrected without eliminating livestreaming as a transparency safeguard.
The movement also cited Articles 81 and 86 of the Constitution, which require free, fair and transparent elections and accurate, verifiable and accountable vote counting. It additionally referred to Article 35 on access to information and Article 34 on media freedom.
Although the statement welcomed the IEBC’s reported commitment to media coverage of the electoral process, it maintained that public access to live announcements should be guaranteed by law rather than left to institutional discretion.
Taifa Mpya called on senators to reject any version of the Bill that does not restore livestreaming if it returns to the Senate. It warned that it would mobilise peaceful demonstrations and petitions under Article 37 of the Constitution if the safeguard was not restored.
As Kenya prepares for the 2027 polls, the debate centres on whether electronic transmission and online publication alone will provide sufficient public scrutiny or whether the law should expressly guarantee live access to results announcements.
