Kenya’s National Assembly has passed the Elections (Amendment) (No. 2) Bill, 2024 (Senate Bill No. 29 of 2024), removing the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results from polling stations in real time.
The vote, taken on Thursday, October 22, amends Section 39 of the Elections Act.
Sponsored jointly by Majority Leader Kimani Ichung’wah and Minority Leader Junet Mohamed, the bill’s changes align with key legislative recommendations from the National Dialogue Committee (NADCO).
Key Legislative Changes
- Removal of Mandatory Livestream Feed: The amendment eliminates Clause 22 / Section 39’s explicit command that the IEBC establish and broadcast a continuous live public feed of presidential and other elective results as they are tallied.
- Electronic Transmission & Online Portal Retained: The IEBC remains legally obligated to electronically transmit tallied figures and upload digital images of primary result forms (Form 34A) onto a publicly accessible online portal.
- Media & Observer Rights Intact: The law does not ban independent media outlets, political party agents, or election observers from tallying or broadcasting station-level results independently.
Debate Over Electoral Integrity
The bill’s passage has reignited heated discussions around transparency, accountability, and public trust ahead of the 2027 General Election.
Defenders’ Argument: Proponents, led by Deputy Speaker Gladys Boss Shollei, argued that real-time live graphics feeds do not hold legal weight in dispute resolution, stressing that the Supreme Court relies on physical, verifiable result forms and physical ballot recounts during election petitions.
Critics’ Warning: Civil society organizations and independent governance commentators caution that pulling back on real-time public broadcast feeds reduces visibility during critical tallying windows, erodes transparency and potentially eroding voter confidence during contested vote counts.
