In the 2027 general election and beyond, the Independent Electoral and Boundaries Commission (IEBC) may no longer be required to live-stream presidential election results if the Elections (Amendment) (No. 2) Bill, 2024 is passed.
The Bill, tabled in the Senate by Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, seeks to amend Section 39 of the Elections Act, which currently mandates IEBC to livestream polling station results for public information.
Under Section 39 of the Elections Act, IEBC is obligated to livestream results from polling stations to enhance transparency.
“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 Act states.
The proposed Bill intends to repeal and replace Section 39, removing the requirement for live streaming.
“The new section proposes that results at the polling station shall be final, and the presidential election shall be tallied, announced, and declared and electronically transmitted before all other elective positions,” the Bill reads.
It further omits provisions that mandate IEBC to create mechanisms for livestreaming results to enhance public information.
The amendment also removes a clause in the current law that addresses discrepancies between electronically transmitted results and those announced at polling stations.
The proposed Bill states, “Any failure to transmit or publish the election results in an electronic format shall not invalidate the result as announced and declared.”
Additionally, it suggests that results at polling stations will be final and will prevail in case of discrepancies, with no requirement for electronic confirmation.
The Bill introduces a new timeline requiring election officials to electronically transmit presidential results within two hours of their declaration at polling stations and constituency tallying centres.
The Elections (Amendment) (No. 2) Bill, 2024 is currently at the committee stage in the Senate. Lawmakers are expected to debate and potentially make further amendments to its provisions.
If enacted, the proposed changes could significantly alter the way election results are handled and shared with the public, sparking debate over transparency and accountability in Kenya’s electoral process.
Stage of the Bill in the Senate: The Bill is currently before the committee of the whole house with Senators expected to make various amendments to the proposals.
