NAIROBI, Kenya- The National Assembly says it has retained the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results, rejecting reports that MPs removed the provision when they passed an elections amendment Bill.
In an explainer dated October 23, Parliament said the House deleted Clause 22 of the Elections (Amendment) (No. 2) Bill, 2024.
The clause, which had been included in the Bill passed by the Senate, proposed to repeal and replace Section 39 of the Elections Act, the law governing the determination, transmission and declaration of election results.
The Assembly said removing Clause 22 preserved Section 39, including subsection 39(1G), which requires the IEBC to establish a mechanism for livestreaming results as announced at polling stations.
The provision says livestreaming is for public information and is not the basis on which the commission officially declares results.
The National Assembly said reports claiming the requirement had been removed were “false and misleading.”
The Bill was passed by the National Assembly with amendments on Thursday, October 22, after public participation and engagement with stakeholders, including the IEBC.
It will now return to the Senate for consideration of the changes. It is not yet law.
Other proposed changes
The Bill proposes several changes to election laws beyond the livestreaming dispute.
As amended by the National Assembly, it would allow the voter register to remain available for inspection except during designated periods before an election or referendum.
It would remove provisions requiring the IEBC to be involved in political party primaries and revise the procedure for recalling a Member of Parliament.
It also proposes greater flexibility for political parties in identifying and nominating candidates for elective and party-list seats.
Under the Bill, voter registration would be suspended during a by-election only in the affected electoral area.
A person who registers during that suspension would not be eligible to contest in that by-election.
The proposed amendments also include provisions on fairness and accountability in the hearing and determination of election disputes.
Court judgment cited
The Assembly said its decision to delete Clause 22 was guided in part by a High Court judgment delivered on September 22 in Okoiti and another v Independent Electoral and Boundaries Commission and five others.
According to the parliamentary explainer, the court upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations.
It also cautioned Parliament to take the court’s interpretation of Section 39 into account when finalising election legislation ahead of the 2027 General Election.
The National Assembly said it deleted Clause 22 to retain the existing legal framework for determining and declaring election results, including the livestreaming requirement.
The next step is for the Senate to consider the Bill as amended by the National Assembly.
