Kenya’s National Assembly has passed legislation seeking to remove the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results as they are announced at polling stations.
The move could change how members of the public follow the announcement of results during the 2027 General Election, raising questions about transparency and public scrutiny of the electoral process.
The amendment is contained in the Elections (Amendment) Bill, 2024, which seeks to repeal and replace Section 39 of the Elections Act, the law governing the transmission, determination and declaration of election results. The bill had previously been approved by the Senate.
Under the proposed changes, the IEBC would no longer be expressly required by law to establish a mechanism for livestreaming results as they are announced at polling stations. The development was reported by The Standard on Friday, 23 October 2026.
Electronic transmission to continue
The proposed changes do not eliminate electronic transmission of presidential election results or the publication of polling-station results online.
The bill retains provisions requiring the IEBC to electronically transmit presidential results within two hours of their declaration to the relevant tallying centres, candidates or their agents, and election observers.
The commission would also be required to verify transmitted results against those tallied, verified and declared at polling stations and publish polling-station results forms on a public online portal.
However, without an express legal requirement for livestreaming, Kenyans may no longer be guaranteed the ability to watch results being announced at polling stations in real time.
Debate over electoral transparency
Livestreaming has been an important tool for journalists, political parties, election observers and members of the public seeking to compare results announced at polling stations with figures released during the tallying process.
The proposed amendment comes against the background of previous legal disputes over the role of electronically transmitted election results.
In 2018, the High Court ruled unconstitutional a provision that restricted the legal significance of livestreamed results to public information, preventing them from forming the basis of the commission’s final declaration. The decision was subsequently upheld by the Court of Appeal.
Critics of removing the livestreaming requirement argue that public access to results as they are announced can strengthen accountability and help build confidence in elections.
Supporters of changes to the existing framework have questioned the need to retain a separate livestreaming obligation when electronic transmission, verification and publication of results remain part of the proposed law.
The IEBC has previously indicated that removing the statutory requirement would not necessarily prevent it from livestreaming results voluntarily.
The legislation’s final legal status will depend on completion of the applicable legislative process and presidential assent, where required.
With the next General Election scheduled for August 2027, the changes are likely to remain a subject of debate as Kenya prepares for another national electoral contest.
The proposed change has drawn attention to Article 86 of the Constitution of Kenya, which sets out the principles that must guide the conduct of elections, including transparency, accountability and the prompt announcement of results.
Article 86(a) states:
“At every election, the Independent Electoral and Boundaries Commission shall ensure that—whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent.”
Article 86(b) further requires that “the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station.”
The Constitution also provides under Article 86(c) that results from polling stations must be openly and accurately collated and promptly announced by the returning officer.
The specific requirement for livestreaming is contained in Section 39(1G) of the Elections Act, which states:
“The Commission shall, to facilitate public information, establish a mechanism for the live-streaming of results as announced at polling stations and the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission.”
The provision distinguishes livestreaming for public information from the formal process of declaring election results.
The proposed legislative change has raised questions about how the IEBC will maintain public access to election information and demonstrate compliance with the constitutional principles governing elections.
As Kenya approaches the 2027 General Election, transparency in vote counting, the collation of results and public verification will remain central to public confidence in the electoral process.
The final implications of the bill will depend on its exact provisions, its legal status and the mechanisms retained to ensure that election results are verifiable and transparently communicated to the public.
