MPs Pass Bill Removing Requirement for IEBC to Livestream Election Results

The National Assembly passed the Elections Amendment Bill 2024 on Thursday, October 22, removing the legal requirement for IEBC to livestream polling station resultsDeputy Speaker Gladys Boss Shollei defended the move, arguing that courts could order a recount of ballots if any dispute arose over resultsThe bill, originally passed by the Senate, also introduced clauses on the recall of Members of Parliament convicted of offencesSearch option is now available at TUKO! Feel free to search the content on topics/people you enjoy reading about in the top right corner 😉

The National Assembly has passed the Elections Amendment Bill 2024, removing the legal obligation on the Independent Electoral and Boundaries Commission (IEBC) to livestream election results.

MPs Pass Bill Removing Requirement for IEBC to Livestream Election Results Source: Facebook

The bill, which had already been passed by the Senate last year, was cleared by the National Assembly on Thursday, October 22, raising questions about how the 2027 general election will be monitored.

Clause 22 of the Bill sought to replace Section 39 of the Elections Act by deleting it entirely. The targeted section governs the determination, transmission and declaration of election results.

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Under the revised framework, the IEBC will still be required to determine, declare, and publish results immediately after polling closes, and results announced at the polling station will be considered final.

However, the commission would not be under any legal obligation to livestream the results as announced and declared at the polling station.

This means that Kenyans could lose the right and privilege of watching the results as they stream in through an IEBC feed. However, media houses and election observers could still broadcast them independently.

Deputy Speaker Gladys Boss Shollei, who also serves as the Uasin Gishu Women Representative, dismissed concerns about the impact on electoral transparency. She argued that the existing legal framework already provides a sufficient remedy.

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An amendment tabled by Suba South MP Caroli Omondi, which sought to introduce a new clause addressing how presidential results are tallied, verified, and communicated, did not survive the vote.

Majority Leader Kimani Ichung'wah opposed it, warning against altering substantive electoral processes close to an election cycle.

The removal of the livestreaming requirement marks a reversal of the position Parliament itself took in 2022, when the National Assembly's justice committee rejected an IEBC proposal to end the practice.

Former Speaker Justin Muturi had previously described live results as a standard feature of democratic elections.

The bill also includes provisions on the recall of legislators. MPs approved clauses allowing constituents to recall their representatives following a criminal conviction.

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Suna East MP Junet Mohamed backed the proposal, saying losing the support of a third of voters in every ward should disqualify a lawmaker from continuing in office.

Proceedings were briefly disrupted when Kirinyaga Women Representative Njeri Maina alleged, without presenting evidence, that the IEBC was registering non-Kenyans as voters.

She was ordered by the Speaker to either substantiate her claims or apologise, and she reportedly vowed to produce evidence.

In 2024, the High Court nullified the IEBC (Amendment) Act 2023, citing a lack of public participation in its passage.

Justice Mugambi ruled the Act unconstitutional, highlighting Senate violations of Articles 10 and 118 of the Constitution. Parliament argued the ruling is moot as the 2023 Act was already amended by the IEBC (Amendment) Act 2024.

Masolo Mabonga (HOD Politics and Current Affairs) Masolo Mabonga is the HOD of the Political and Current Affairs desk at TUKO with over seven years of experience in digital media. He graduated with a Bachelor’s Degree in Communication and Media Technology from Maseno University in 2017 and has previously worked with KNA and Opera News. He is a recipient of Elevate scholarship (2022) and is currently pursuing a law degree at MKU. Masolo has also received training from the Google News Initiative on Advanced Digital Reporting, Fighting Misinformation, and Experimenting with New Formats (2024). Email: masolo.mabonga@tuko.co.ke