Parliament is considering removing the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to live-stream election results announced at polling stations, raising questions about transparency ahead of the 2027 General Election.
The proposal is contained in the Elections (Amendment) (No. 2) Bill, 2024, which seeks to repeal and replace Section 39 of the Elections Act. The Bill has been approved by the Senate and is before the National Assembly for consideration and concurrence.
Clause 22 proposes removing the express obligation for the IEBC to establish a mechanism for broadcasting polling-station results live.
However, electronic transmission and online publication of results would remain mandatory under the proposed framework.
The Bill requires the commission to declare and publish results immediately after polling closes and electronically transmit presidential election results within two hours of declaration to constituency and national tallying centres, candidates or their agents, and election observers.
The IEBC would also be required to deliver tabulated results physically to tallying centres, verify transmitted figures and publish polling-station results forms on a public online portal.
How the Changes Could Affect Elections
Removing mandatory live-streaming could limit the public’s ability to witness results announcements in real time, making independent monitoring more dependent on election agents, observers and access to official results forms.
Live-streaming allows journalists, political parties and voters to follow announcements remotely and compare them with results collected by their agents.
Without an express legal obligation, the IEBC would no longer be required under the proposed section to provide this service.
The amendment could also raise concerns over the handling of discrepancies between electronically transmitted results and physically delivered records.
The proposed replacement section omits existing provisions addressing such discrepancies and stating that failure to transmit or publish results electronically would not, by itself, invalidate results already declared.
Although the IEBC would still be required to verify transmitted results against those declared at polling stations, the removal of explicit provisions could create uncertainty over how certain disputes would be resolved.
Constitutional Questions
The proposal comes amid legal debate over the role of technology in ensuring electoral transparency. Kenya’s Constitution requires elections to be transparent, accurate, verifiable and accountable under Articles 81(e) and 86.
The Bill also proposes allowing candidates, their agents, election observers and other authorised persons to document the tallying, announcement and declaration of results at polling stations and tallying centres.
The amendment would not automatically invalidate an election or eliminate electronic transmission and online publication.
However, it would remove a specific legal guarantee of real-time public access to polling-station announcements.
The National Assembly’s consideration will determine whether the proposed changes proceed as drafted or are amended before becoming law.
As the 2027 polls approach, the key question will be whether the final framework provides sufficient safeguards for public scrutiny, verification of results and confidence in the electoral process.
