The National Assembly has dismissed reports that Parliament removed the Independent Electoral and Boundaries Commission’s (IEBC) legal obligation to livestream election results, insisting that the requirement will remain in place ahead of the 2027 General Election.
In an explainer issued on Friday, October 23, 2026, Parliament clarified that lawmakers retained Section 39 of the Elections Act, including the provision requiring the electoral commission to establish a mechanism for livestreaming election results.
“CONTRARY to the false reports, the amendment passed by the National Assembly RETAIN the requirement on the IEBC to establish a mechanism for the livestreaming of election results,” the statement read.
The clarification followed criticism from People’s Liberation Party (PLP) leader Martha Karua, who accused lawmakers of undermining electoral transparency through what she understood to be the removal of the livestreaming requirement.
Parliament Explains Why MPs Retained Section 39
The National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, with amendments on Thursday, October 22, 2026, following consideration by the Departmental Committee on Justice and Legal Affairs and public participation involving stakeholders, including the IEBC.
According to Parliament, Clause 22 of the Bill received from the Senate proposed deleting Section 39 of the Elections Act and replacing it with a differently worded provision. However, MPs removed Clause 22 after considering a High Court judgment delivered in Nairobi on September 22, 2026. The case, Okoiti & another v Independent Electoral and Boundaries Commission & 5 others [2026] KEHC 13916 (KLR), concerned provisions governing the determination and declaration of election results.
Parliament stated that the court upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, declining a request by petitioners to invalidate the provisions.
The court also cautioned lawmakers to consider its interpretation of Section 39 when finalising the Bill or enacting other legislation ahead of the 2027 General Election. Following the judgment, the National Assembly retained Section 39 in its existing form, including the livestreaming requirement under Section 39(1G).
Parliament maintained that the decision preserved the established legal framework for determining and declaring election results, contrary to claims that the livestreaming provision had been scrapped.
Karua Accuses MPs of Undermining Transparency
In a post on X on Friday, Karua criticised what she believed was Parliament’s decision to remove the IEBC’s legal obligation to livestream results at polling stations.
“Parliament’s decision to remove the IEBC’s legal obligation to livestream results at polling stations is a sign of fear!” Karua said.
The opposition leader cited Article 81 of the Constitution, which outlines the principles governing elections, including transparency, impartiality, accuracy and accountability, further urging that “Strengthen transparency; don’t undermine it."
However, the National Assembly’s clarification directly contradicted the central claim that MPs had eliminated the livestreaming requirement from the Elections Act.
While Parliament maintained that the legal provision remains intact, the explainer did not detail the practical arrangements the IEBC will use to implement livestreaming during the next election.
Other Changes Proposed in Elections Bill
Beyond election-result transmission, the Bill proposes several changes to Kenya’s electoral framework. These include requiring the register of voters to be available for inspection at all times, except during designated periods before an election or referendum, and removing provisions requiring IEBC involvement in political party primaries.
The proposed law also seeks to revise the procedure for recalling Members of Parliament, give political parties greater flexibility in identifying and nominating candidates for elective and party-list positions, and promote fairness and accountability in electoral dispute resolution.
Additionally, it proposes limiting the suspension of voter registration during a by-election to the affected electoral area and barring people who register during that period from contesting the by-election in the same area.
Bill Returns to Senate
Having passed the Bill with amendments, the National Assembly will submit it back to the Senate in accordance with Article 110(4) of the Constitution.
The Senate will consider the amendments as the legislative process continues ahead of the 2027 General Election.
