Justice David Mburu sets response deadlines as a petitioner challenges election amendments and Majority Leader Kimani Ichung’wah denies MPs removed streaming safeguards.
The High Court has certified as urgent a petition challenging election amendments over presidential results streaming. Advocate John Muremi Njomo questions whether Parliament removed the legal requirement for live transmission of presidential election results.
In directions issued on Friday, Justice David Mburu ordered Njomo to serve the respondents within two days. Respondents and interested parties then have seven days from service to file their responses.
The court will mention the case on November 2 to confirm compliance and issue further directions.
Presidential results streaming at centre of challenge
Njomo’s petition challenges amendments passed by Parliament under the Elections (Amendment) Bill, 2024. The dispute centres on whether those changes removed a requirement to stream presidential election results live.
However, National Assembly Majority Leader Kimani Ichung’wah has rejected that claim. He maintains that neither the Senate’s version nor the National Assembly’s amendments removed the streaming provision.
Ichung’wah also accused politicians of misleading Kenyans about the proposed changes. He argued that claims about removing the requirement sought to stir public anger ahead of the next General Election.
Ichung’wah points to existing legal requirement
In defending the amendments, Ichung’wah cited Section 39(1G) of the Elections Act. That section requires the Independent Electoral and Boundaries Commission to establish a mechanism for streaming results as polling stations announce them.
He said the provision remained unchanged, disputing suggestions that either House had altered the requirement. His response places the existing law at the centre of the political debate surrounding the petition.
Bill still faces Senate consideration
Meanwhile, Ichung’wah said Parliament had not completed the legislative process. Because the Bill originated in the Senate, it must return there for consideration of the National Assembly’s amendments.
He added that further Senate amendments would lead to mediation in line with the Constitution.
The Bill forms part of electoral reforms arising from National Dialogue Committee recommendations. The committee followed political tensions after the 2022 General Election.
It also covers several areas of election administration beyond results transmission. For now, the court’s directions set deadlines for responses before the November 2 mention.
