National Assembly Retains Livestreaming of Election Results in Amended Elections Bill

Story by Monyonge O’kebati

The National Assembly has retained the requirement for the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for livestreaming election results, dismissing reports that proposed amendments would remove the provision ahead of the 2027 General Election.

In a public communication issued in October 2026, the National Assembly said the Elections (Amendment) (No. 2) Bill, 2024, as passed by the House on Thursday, October 22, retains the livestreaming requirement under Section 39(1G) of the Elections Act.

The clarification follows what Parliament described as false and misleading reports about the implications of amendments made to the Bill, particularly concerning the transparency of election results.

The House said it had deliberately deleted Clause 22 of the version received from the Senate, which had proposed deleting and recasting Section 39 of the Elections Act.

According to the National Assembly, the decision was informed by a recent High Court judgment that upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations.

The court also cautioned Parliament to consider its interpretation of Section 39 when finalising the proposed amendments or enacting other legislation ahead of the 2027 General Election.

High Court ruling informed Parliament’s decision

The National Assembly cited the judgment delivered by the High Court in Nairobi on September 22, 2026, in the case of Okoiti & another v Independent Electoral and Boundaries Commission & 5 others [2026] KEHC 13916 (KLR).

In the ruling, the court upheld the constitutionality of the two electoral provisions and declined the petitioners’ request to have them quashed.

The court further advised Parliament to have regard to its interpretation of Section 39 as it finalised the Elections (Amendment) (No. 2) Bill, 2024, and any other legislation ahead of the next General Election.

Following the judgment, the National Assembly said it removed Clause 22 from the Bill to preserve Section 39 in its existing form and retain the livestreaming requirement.

The House said the move was intended to safeguard the established legal framework governing the determination and declaration of election results.

The decision places the existing provisions on election results at the centre of ongoing legislative efforts to amend the Elections Act before the 2027 polls.

What the Elections Amendment Bill seeks to change

Beyond the question of livestreaming, the Bill contains several proposed changes to Kenya’s electoral laws.

The legislation was initially passed by the Senate, with amendments, before being referred to the National Assembly for consideration.

It was subsequently referred to the Departmental Committee on Justice and Legal Affairs for public participation and consultations with stakeholders, including the Independent Electoral and Boundaries Commission.

Among its key proposals is a requirement for the register of voters to remain available for inspection at all times, except during designated periods before an election or referendum.

The Bill also seeks to remove provisions requiring IEBC involvement in political party primaries, changing the commission’s role in the internal processes through which political parties select their candidates.

Another proposed change concerns the recall of Members of Parliament. The amendments seek to revise the relevant provisions to ensure that the exercise of the right of recall conforms to the Constitution.

The legislation further proposes greater flexibility for political parties in identifying and nominating candidates for elective positions and party-list seats.

On voter registration, the Bill seeks to suspend registration during a by-election only within the affected electoral area. It also proposes prohibiting a person who registers during that suspension from contesting in the by-election in the same area.

The proposed amendments additionally seek to promote substantive justice, fairness and accountability in the hearing and determination of electoral disputes.

Bill returns to Senate

Having passed the Bill with amendments on October 22, 2026, the National Assembly said the legislation would be returned to the Senate in accordance with Article 110(4) of the Constitution.

The next stage will require the Senate to consider the amendments made by the National Assembly as part of the legislative process for a Bill originating in the Senate.

The Bill’s return to the Senate means the legislative process is not yet complete, and its final provisions will depend on the subsequent constitutional procedures.

The National Assembly’s clarification comes as preparations and legal discussions surrounding the 2027 General Election continue, with the legal framework for determining and declaring results remaining a key issue.

By retaining Section 39 and the livestreaming requirement, the House said it had resisted changes that could interfere with the existing procedures for determining and declaring election results.

The clarification is intended to address public concerns over the proposed amendments and distinguish the provisions retained by the National Assembly from the changes that had been proposed in the Senate’s version of the Bill.