The Independent Electoral and Boundaries Commission (IEBC) has issued a statement addressing media reports on the Election Laws (Amendment) Bill, 2026, disputing some interpretations while leaving critical public concerns unaddressed.

Clarifications on Voter Identification and Verification

The Commission emphasized that the Bill does not reinstate manual voter identification. It confirmed that Section 44 and the Integrated Elections Management System remain intact, with amendments applying only to polling stations lacking 3G network coverage for transmitting results.

Additionally, IEBC highlighted that the Bill mandates verification by comparing the original physical Form 34A with the electronically transmitted image before declaring results. This aligns the legal framework with the Supreme Court's 2017 ruling, which recognizes Form 34A as the definitive record for election results.

Unanswered Questions on Live Results Streaming

Despite detailing changes related to voter ID, result transmission, and constitutional provisions, the IEBC statement did not address whether the live public results feed will continue in the 2027 elections. This real-time feed allows Kenyans, election agents, and journalists to monitor results as they come in, a feature present in the 2013, 2017, and 2022 polls.

The Bill proposes removing several subsections of Section 39, previously declared unconstitutional by the High Court in 2018. However, Section 39(1C)(c), which pertains to access to the results portal, remains. This raises questions about the legal basis of the live results feed used in recent elections, which IEBC did not clarify.

The omission leaves unresolved whether the live results feed will persist or be replaced after the Bill's enactment, a key concern for transparency and public trust in the electoral process.

Implications for Future Elections

  • The Bill does not affect manual voter identification procedures.
  • Verification processes are strengthened by requiring physical and electronic Form 34A comparison.
  • The legal foundation for live real-time results streaming remains unclear, despite its critical role in past elections.
  • IEBC has yet to specify how election transparency will be maintained if the live feed is discontinued.

Without addressing these issues, the IEBC's response falls short of fully engaging with public debate on election transparency ahead of the 2027 general election.