The Mwananchi Party, led by Embakasi East Member of Parliament Babu Owino, has expressed concerns over proposed changes to Kenya's electoral laws. The party is opposed to the removal of the mandatory live-streaming of election results from polling stations. On October 23, the party called on the Senate and the National Assembly Mediation Committee to reinstate the legal requirement compelling the Independent Electoral and Boundaries Commission to live-stream results from all polling stations. This comes after the National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, on October 22.
The proposed changes to the electoral laws have sparked debate, with The Mwananchi Party arguing that they would weaken transparency and public oversight ahead of the 2027 General Election. The party took issue with Clause 22 of the Bill, which repeals and replaces Section 39 of the Elections Act, 2011. The clause removes the requirement for the IEBC to live-stream election results as presiding officers announce them at polling stations. However, the amended provisions retain electronic transmission of result images, uploads to the online portal, and the physical delivery of Form 34A.
According to The Mwananchi Party, live-streaming allows voters, political party agents, and election observers to verify results in real-time, reducing the risk of figures being altered before reaching tallying centers. The party maintained that removing the requirement could revive suspicions of electoral interference, particularly in closely contested elections, and erode public confidence in the electoral process. The party also argued that uninterrupted live broadcasts help prevent information blackouts that could fuel anxiety, propaganda, and misinformation on election night.
The Mwananchi Party cited the 2022 General Election as an example of the importance of live-streaming. During the election, live result feeds enabled media organizations and independent observers to conduct parallel vote tabulations and independently track results. The party argued that scrapping the requirement would undermine the ability of these institutions to verify official outcomes independently and in real-time, diminishing public confidence in the electoral process.
The party further questioned the constitutionality of the proposed changes, citing Articles 35 and 86 of the Constitution. These articles address access to information and the principles governing electoral processes. The party argued that static postings on an online results portal, without live broadcasts from polling stations, would not provide the same level of openness and public accountability.
The Mwananchi Party maintained that Kenyans should retain the ability to scrutinize election results as they are announced. The party argued that citizens should not be expected to wait passively for official outcomes. With the Bill returning to the Senate for concurrence on amendments made by the National Assembly, The Mwananchi Party urged lawmakers to restore the live-streaming requirement under Section 39 of the Elections Act.
The party also called on the Executive to reject any legal framework that weakens real-time electoral transparency ahead of the 2027 polls. The party urged Kenyans to remain vigilant against what it described as any erosion of their right to free, fair, credible, transparent, accountable, and secure elections.
Key points
- The Mwananchi Party opposes proposed changes to Kenya's electoral laws that would remove the mandatory live-streaming of election results from polling stations.
- The party argues that live-streaming allows voters, political party agents, and election observers to verify results in real-time, reducing the risk of electoral interference.
- The proposed changes have sparked debate, with The Mwananchi Party urging lawmakers to restore the live-streaming requirement under Section 39 of the Elections Act.
