National Assembly Majority Leader Kimani Ichung’wah has defended proposed changes to Kenya’s election laws after reports emerged that Members of Parliament (MPs) have scrapped the livestreaming of election results ahead of the 2027 General Election.
In a statement on Friday, October 23, Ichung’wah dismissed reports that the Elections (Amendment) (No. 2) Bill, 2024, seeks to remove the requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream results announced at polling stations.
Ichung’wah said the provision under Section 39(1G) of the Elections Act remains unchanged after the National Assembly considered and amended the Bill.
“The Elections Act provisions on live streaming remain as they are under section 39 1G. Nothing has changed,” he said.
The Majority Leader, who co-chaired the National Dialogue Committee (NADCO) with Wiper leader Kalonzo Musyoka, said the Bill was part of the bipartisan proposals that emerged from the dialogue process.
He also accused critics of spreading misinformation about the proposed changes, adding that the National Assembly had rejected attempts to interfere with Section 39 of the Elections Act.
“The House refused attempts to interfere with, tinker with, or dilute the provisions of Section 39, including the attempt sponsored by Caroli Omondi,” Ichung’wah said.
Ichung’wah, National Assembly Clarifies Scrapping Livestreaming Election
The National Assembly has separately issued an explainer dismissing reports that the amendments would remove the requirement for livestreaming election results.
According to the explainer, Clause 22 of the Bill as received from the Senate proposed deleting Section 39 of the Elections Act and replacing it with a new provision.
The House says it later deleted Clause 22, retaining Section 39 in its existing form, including subsection 39(1G), which requires the IEBC to establish a mechanism to livestream results announced at polling stations.
“Contrary to the false reports, the amendment passed by the National Assembly retains the requirement on the IEBC to establish a mechanism for the livestreaming of election results,” the explainer states.
The Assembly said the decision followed a High Court judgment delivered in Nairobi on September 22, 2026, in Okoiti & another v Independent Electoral and Boundaries Commission & 5 others [2026] KEHC 13916 (KLR).
According to the explainer, the court upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations. It also declined to grant the petitioners’ request to quash the two provisions.
The court further cautioned Parliament to consider its interpretation of Section 39 when finalising the Elections Amendment Bill or any other legislation ahead of the 2027 General Election.
The National Assembly said it acted in accordance with that guidance when it removed Clause 22.
“In this regard, the National Assembly, after public participation on the Bill and guided by the recent judgment, resisted the attempt to interfere with section 39 of the Elections Act and the attendant established procedure for the determination and declaration of election results,” the explainer states.
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What Section 39(1G) provides
Section 39(1G) of the Elections Act requires the IEBC to establish a mechanism to livestream results announced at polling stations to inform the public.
The provision also clarifies that results streamed through the mechanism are for public information and are not, by themselves, the basis for the commission’s declaration of election results.
The distinction between livestreaming, electronic transmission and the publication of results is important.
Livestreaming allows the public to follow announcements in real time, while electronic transmission transfers results through the electoral system and publication makes result forms available through an online portal.
Other changes proposed in the Elections Bill
Beyond the livestreaming debate, the Elections (Amendment) (No. 2) Bill seeks to introduce several changes to Kenya’s electoral laws.
The proposals include making the register of voters 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 and give political parties greater flexibility in identifying and nominating candidates for elective and party-list positions.
Another proposed change would limit the suspension of voter registration during a by-election to the affected electoral area. A person who registers during that suspension would not be eligible to contest the by-election in the affected area.
The legislation also seeks to revise the provisions governing the recall of Members of Parliament to ensure conformity with the Constitution and promote fairness, accountability and substantive justice in the determination of electoral disputes.
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The National Assembly passed the Bill with amendments on Thursday, October 22, 2026, following public participation and consideration by the Departmental Committee on Justice and Legal Affairs.
According to the House’s explainer, the Bill will now return to the Senate for consideration of the amendments made by the National Assembly, in accordance with Article 110(4) of the Constitution.
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