Kenya’s preparations for the 2027 General Election have been thrust into a fresh debate over electoral transparency after the National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, which proposes to remove the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream the announcement of results at polling stations.
The Bill was passed on Thursday, October 22, 2026, setting the stage for renewed scrutiny of the safeguards that will govern the counting, transmission and declaration of votes in the next General Election.
The proposed legislation, which was approved by the Senate in December 2024 before being forwarded to the National Assembly, seeks to amend Section 39 of the Elections Act, which outlines how election results are determined, transmitted and declared.
At the centre of the debate is the provision requiring the IEBC to establish a mechanism for livestreaming results as they are announced at polling stations.
Removing this requirement would mean the commission would no longer be legally obliged to provide live broadcasts under that specific provision, although it could still choose to do so voluntarily.
The proposed amendment does not, by itself, abolish electronic transmission of results or the publication of results documents.
The distinction is significant because livestreaming, electronic transmission and online publication serve different functions in the electoral process.
Livestreaming enables voters, political parties, journalists and election observers to watch results being announced in real time.
Electronic transmission moves results through the electoral system, while online publication allows the public to access and scrutinise official results documents.
Consequently, removing the mandatory livestreaming provision would reduce one legally guaranteed avenue for real-time public observation without necessarily ending other mechanisms for accessing and verifying results.
The proposed framework retains provisions requiring the IEBC to determine, declare and publish results in accordance with the law.
It also preserves procedures relating to the transmission of presidential results, verification of figures and publication of polling-station results forms.
Results declared at polling stations would remain final under the proposed wording, while the IEBC would continue to discharge its constitutional responsibilities in tallying and declaring presidential election results.
The removal of a livestreaming requirement would not, on its own, eliminate the other legal procedures governing transmission and verification.
However, the effectiveness of those safeguards, and how easily the public can compare results announced at polling stations with figures transmitted and tallied at subsequent stages, are likely to remain central to the debate.
Livestreaming can provide an immediate opportunity to scrutinise announcements as they happen. Critics of the proposed changes argue that removing the legal obligation could limit real-time public oversight, particularly during a closely contested election.
They have questioned whether access to electronic results and published forms alone would offer the same level of immediate visibility.
The debate carries particular weight in Kenya, where electoral credibility and transparency have remained prominent public concerns following past disputed elections.
The 2010 Constitution sets out principles for free and fair elections, including transparency, impartiality, accuracy and accountability.
During the parliamentary debate, Suba South MP Caroli Omondi raised concerns about changes to the framework governing presidential results, arguing that Parliament needed to carefully examine how the figures would be tallied, verified and communicated to the public.
The sitting also featured a separate dispute over voter registration after Kirinyaga Woman Representative Njeri Maina alleged that non-Kenyans were being registered as voters.
She told the House that concerns had emerged over identification documents allegedly being issued to people who were not Kenyan citizens.
The Speaker challenged Maina to substantiate the allegation or withdraw it and apologise to the House. The exchange added to a tense parliamentary sitting as MPs considered the Bill before its passage at third reading.
The legislation’s final status will depend on the remaining constitutional and legislative steps. Until the process is complete, the proposed changes should not be treated as an operative alteration of the law.
As Kenya moves towards the 2027 polls, the debate is likely to focus on whether the existing and proposed safeguards will provide sufficient public access to election results while ensuring that figures can be independently scrutinised and verified.
