The Kenyan National Assembly has confirmed that the requirement for livestreaming election results ahead of the 2027 General Election remains intact. According to Justice and Legal Affairs Committee (JLAC) chairman Gitonga Murugara, Parliament has retained Section 39 of the Elections Act, which includes the provision for the Independent Electoral and Boundaries Commission (IEBC) to livestream results announced at polling stations. This move aims to enhance electoral transparency.
The controversy surrounding livestreaming emerged after reports suggested that Parliament had amended the Senate Bill, effectively removing the requirement for live transmission of results. However, Murugara clarified that these reports were misleading, stating that Parliament had instead acted to protect the existing provision in line with a High Court judgment. On September 22, 2026, the High Court upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, 2012.
Murugara explained that the National Assembly deleted Clause 22 of the Elections (Amendments) (No.2) Bill, Senate Bill No. 29 of 2024, during consideration of the legislation on October 22. This deletion was done to avoid altering the existing legal provisions and to ensure the retention of Section 39 as it currently is in the Elections Act. The Tharaka MP emphasized that Clause 22 had sought to amend Section 39 but did not adequately address the issue of livestreaming.
The provision on livestreaming was introduced following the Supreme Court's nullification of the 2017 presidential election. Parliament subsequently amended the Elections Act by introducing Section 39(1G), requiring IEBC to establish a mechanism for livestreaming results announced at polling stations for public information. However, on April 6, 2018, the High Court declared parts of the Elections Act, including Section 39(1G), unconstitutional.
The Court of Appeal upheld the decision in 2023, before subsequent litigation returned the question to the courts. In the September 22, 2026 ruling, arising from a petition filed by Busia Senator Okiya Omtatah and others, the High Court upheld the constitutionality of Section 39 and Regulation 83(2). Murugara stated that Parliament had taken the judgment into account when handling the amendments.
Murugara clarified that livestreaming was intended to provide information to the public and should not be confused with the formal declaration of election results, which is based on the physical results forms. He emphasized the importance of understanding the distinction between livestreaming for public information and the official declaration of results.
The clarification comes as debate over electoral transparency and the management of results intensifies ahead of the 2027 General Election. Key stakeholders are closely monitoring the developments to ensure that the electoral process is transparent and credible.
Key points
- The Kenyan National Assembly has retained Section 39 of the Elections Act, requiring the IEBC to livestream results announced at polling stations.
- The High Court upheld the constitutionality of Section 39 and Regulation 83(2) of the Elections (General) Regulations, 2012, on September 22, 2026.
- Livestreaming of election results is intended to provide information to the public and should not be confused with the formal declaration of election results.
