Faith Odhiambo Breaks Silence After Parliament Passes Elections Amendment Bill

Former Law Society of Kenya (LSK) President Faith Odhiambo has called on Parliament to clarify changes to election laws following the passage of the Elections (Amendment) (No. 2) Bill, 2024.

In a statement shared on Friday, October 23, 2026, Odhiambo questioned whether the amendments approved by the National Assembly would guarantee Kenyans the opportunity to watch the announcement of election results at polling stations.

She argued that voters should be able to follow how their ballots translate into declared results rather than being asked to trust electoral institutions without sufficient public scrutiny.

Odhiambo noted that Clause 22 of the published Bill replaces Section 39 of the Elections Act without expressly requiring livestreaming of results announced at polling stations.

However, electronic transmission and online publication of results forms remain part of the provisions.

She clarified that the omission does not amount to an outright ban on livestreaming but insisted that electronic transmission and public access to live announcements serve different purposes.

The former LSK president urged Parliament to publish the final approved legislation and explain whether the omission remained in version passed by lawmakers.

She also referred to previous court decisions concerning livestreaming requirements.

https://www.facebook.com/100003022880696/posts/29092771493740227/?app=fbl

In April 2018, the High Court invalidated Section 39(1G), which restricted the use of livestreamed results in declaring election outcomes. The Court of Appeal upheld that decision in October 2023.

Odhiambo maintained that electoral reforms should establish clear legal safeguards for transparency and accountability rather than leave public access dependent on institutional discretion.

Citing Article 86 of the Constitution, she emphasised that elections must be transparent, verifiable and accountable, with accurate counting and open collation of results.

https://www.facebook.com/100003022880696/posts/29092771493740227/?app=fbl

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