Former Law Society of Kenya (LSK) President Faith Odhiambo has called on Parliament to clarify whether the requirement to livestream polling station election results will remain in Kenya’s electoral laws ahead of the 2027 General Election.
Odhiambo raised the concern on Friday, October 23, following the National Assembly’s passage of the Elections (Amendment) (No. 2) Bill, 2024, on Thursday, October 22.
She urged Parliament to publish the final version of the Bill and explain whether the changes approved by Members of Parliament retained the requirement for livestreaming results announced at polling stations.
“Kenyans deserve to see how their votes become election results and not simply be told whom to trust,” Odhiambo said.
Why Livestreaming Has Become an Issue
According to Odhiambo, Clause 22 of the published Bill proposes changes to Section 39 of the Elections Act without expressly requiring the livestreaming of results announcements at polling stations.
The provision reportedly retains requirements for electronic transmission and online publication of results forms. However, Odhiambo argued that transmitting election results to officials and allowing the public to watch their announcement serve different purposes.
She cautioned against interpreting the omission as an automatic ban on livestreaming, saying the final legislation must be examined before its effect can be established.
“That is not a ban on livestreaming. But sending results to election officials and allowing citizens to watch their announcement serve different purposes,” she said.
Her remarks have added to discussions about the safeguards needed to ensure that Kenyans can follow the electoral process and verify how votes are counted.
What Previous Court Decisions Said
Odhiambo also referred to earlier court decisions concerning livestreaming election results.
On April 6, 2018, the High Court ruled in Katiba Institute v Attorney General against a provision that required livestreaming but restricted the streamed results to public information, excluding them as a basis for declaring election outcomes.
The Court of Appeal upheld the invalidation on October 6, 2023, in National Assembly v Katiba Institute.
Odhiambo argued that these decisions did not prohibit livestreaming itself. Instead, they challenged restrictions that limited the role streamed results could play in the electoral process.
She called on Parliament to ensure that any new legal framework respects the Constitution and supports public accountability.
What This Means for the 2027 Elections
Article 86 of the Constitution requires the Independent Electoral and Boundaries Commission (IEBC) to conduct elections in a transparent and verifiable manner. It also requires results to be announced promptly at polling stations and accurately collated.
Odhiambo said voters should have a clear way to follow the announcement process and examine how polling station results contribute to the final outcome.
She also urged the IEBC to explain how citizens will be able to monitor and verify the process ahead of the next General Election.
“The ballot is secret, but the count must be open,” she said.
The final wording and legal status of the amendments will be important in determining how the proposed changes affect livestreaming and other methods of accessing election results.
