The Independent Electoral and Boundaries Commission (IEBC) has proposed significant changes to Kenya's election results transmission process in a new bill set for parliamentary consideration. The Election Laws (Amendment) Bill, 2026, seeks to remove the legal requirement for live streaming of results from polling stations during elections.

Currently, under Section 39(1G) of the Elections Act, IEBC must livestream results as they are announced at polling stations, a measure introduced to boost transparency following the 2007 election crisis. The proposed amendment would delete this subsection, effectively ending the statutory guarantee for real-time public access to election results at the polling station level.

Key Proposed Changes

  • Live streaming removal: Results will no longer be broadcast live from polling stations, though electronic transmission to the national tallying centre will continue.
  • Presidential result declaration: IEBC would be required to wait for results from all constituencies before declaring a presidential winner, removing its current discretion to announce results early if outcomes are clear.
  • Verification adjustments: The commission's role in verifying results would be redefined to ensure transmitted results accurately reflect those declared at polling stations without limiting the scope to the ‘accurate record’ standard.
  • Candidate nomination: The bill shifts candidate nomination powers from political parties to IEBC, changing the process from party nominations to candidate registration with the commission.
  • Petition and recall reforms: The bill abolishes appeal rights for county assembly election petitions, lowers thresholds for recall petitions, and modifies timelines for initiating recalls of Members of Parliament.
  • Gender balance on party lists: IEBC would no longer be responsible for ensuring gender balance, leaving parties to submit lists with alternating female and male candidates.

Implications and Reactions

Constitutional experts warn that removing the live streaming requirement could undermine election transparency and credibility, potentially reversing gains made since the 2010 constitution. Lawyer Bobby Mkangi described the move as a step backward, noting the livestream's role in meeting constitutional standards for credible and verifiable elections.

Despite the changes, IEBC will maintain electronic transmission of results to the tallying centre, but the public will need to rely on official announcements or manual result downloads to access data.

Elog national coordinator Mule Musau emphasized the importance of accuracy over live broadcasting, suggesting that as long as polling station results are reliable, live streaming may be unnecessary. Elog has even proposed abolishing the national tallying centre altogether.

The bill also addresses longstanding challenges related to discrepancies between electronic and manual results, court-ordered access to election technology data, and the sequencing of result verification.