The former Law Society of Kenya chairperson wants Parliament to publish the approved Bill and clarify public access to live polling-station announcements.
A former Law Society of Kenya chairperson has urged Parliament to clarify results livestreaming provisions in an elections Bill. The former chairperson also wants Parliament to publish the text MPs approved.
The National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, on October 22, 2026. However, the former chairperson questioned whether the approved amendments guarantee public access to live polling-station results announcements.
In a statement, the former LSK leader argued that citizens need to see how votes become election results. Public confidence, the statement said, should rest on a process people can scrutinise, rather than trust alone.
What the Bill says about results livestreaming
The statement highlighted Clause 22 of the published Bill, which replaces section 39 of the Elections Act. It retains electronic transmission and online publication of results forms but contains no express livestreaming requirement.
However, the former chairperson stressed that this omission does not ban livestreaming. Sending results to election officials and enabling citizens to watch their announcement serve different purposes.
Parliament should therefore explain whether the omission remains in the version MPs approved, the statement said. The request concerns the final wording, rather than only the earlier published text.
Court rulings and the 2027 election
The statement also cited court decisions on an earlier livestreaming provision. In April 2018, the High Court invalidated section 39(1G) in Katiba Institute v Attorney General.
That provision required livestreaming but treated streams as public information only, excluding them as a basis for declaring results. The statement said the court found that restriction weakened transparency and accountability.
The Court of Appeal subsequently upheld that decision in October 2023 in National Assembly v Katiba Institute. However, the former chairperson argued that neither ruling prohibited livestreaming itself.
Instead, Parliament should create a constitutionally sound requirement rather than rely on the invalidated provision, the statement said. It also cited Article 86, which requires transparent, verifiable and accountable elections.
Those constitutional requirements include prompt polling-station announcements and open, accurate collation of results, the statement noted.
Ahead of the 2027 General Election, the former chairperson urged Parliament to guarantee access to live announcements. The statement also asked the Independent Electoral and Boundaries Commission to explain how citizens will follow and scrutinise the process.
