The National Assembly has ignited intense political debate ahead of the 2027 General Election after lawmakers voted on Thursday, October 22, to pass the Elections (Amendment) (No. 2) Bill, removing the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results directly from polling stations.
The Bill seeks to amend Section 39 of the Elections Act by deleting the statutory obligation that compelled the commission to maintain a real-time public feed of result announcements. While electronic transmission of Form 34A images and public portal uploads remain legally intact, the scrapping of the real-time livestream obligation marks a reversal of parliamentary precedent set in 2022.
Sharp Backlash from Opposition and Civil Society
The legislative change sparked immediate condemnation from opposition leaders and democracy advocates, who warned that eroding real-time public verification undermines electoral transparency.
NARC-Kenya Party Leader Martha Karua strongly criticized MPs for passing the amendment, arguing that removing the mandatory livestream weakens public trust in the voting process.
“Removing the legal guarantee for livestreamed results is a step backward for democracy and an assault on transparency,” Karua stated, emphasizing that real-time feeds serve as a vital safeguard against tampering between polling stations and tallying centers.
Similarly, opposition lawmakers expressed concerns over the timing of the amendments, arguing that tampering with electoral laws so close to an election cycle creates unnecessary suspicion among voters.
House Leadership Defends Amendment
In response to the growing uproar, National Assembly leaders defended the parliamentary vote, maintaining that the integrity of the voting system remains protected by existing legal safeguards.
Deputy Speaker Gladys Boss Shollei defended the amendment, arguing that the primary record of results—declared at the polling station level—remains final, and that judicial mechanisms exist to resolve disputes.
“The results declared at the polling stations remain final. If any dispute arises, the courts have the jurisdiction to order a recount of physical ballot boxes, as has been done in past election petitions,” Shollei argued, downplaying fears of electoral manipulation.
Majority Leader Kimani Ichung’wah also noted during debate that while substantive electoral changes must be handled carefully, the commission retains discretionary authority to broadcast results voluntarily, even without a rigid statutory directive.
Electoral Transparency in the Spotlight
Despite Parliament’s vote, legal experts and election observers note that the amendment leaves the basic electronic transmission of physical result forms to the IEBC public portal intact. However, the removal of a mandatory real-time feed removes an explicit legal guarantee that millions of citizens, media outlets, and political parties relied on during previous election cycles.
The Bill, which previously passed in the Senate, now awaits its final procedural steps before being forwarded for presidential assent.