Legal professionals have strongly opposed proposed amendments to Kenya’s Election Laws that would eliminate the Independent Electoral and Boundaries Commission's (IEBC) obligation to livestream polling station results. The debate gained momentum following the Senate's recent consideration of the Election Laws (Amendment) Bill, 2026, ahead of the 2027 general elections.

The bill, sponsored by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, seeks to replace the current live broadcast requirement with a system focused on electronic transmission of results from polling stations to tallying centers. While supporters argue the official results declared at polling stations remain legally binding, critics contend the changes undermine transparency.

Concerns from Legal Experts

  • Paul Muite cautioned that removing livestreaming could erode public confidence and transparency, warning that lack of openness may fuel electoral disputes and violence.
  • Bobby Mkangi, a constitutional lawyer, emphasized that livestreaming is a constitutional demand aligned with national values and principles. He argued that the amendment risks reversing political gains made since the 2010 Constitution and could make elections less verifiable and free.

Critics also highlighted that the bill replaces the legally binding term "true record" of results with "true reflection," potentially weakening the legal certainty of election outcomes.

Current Practices and Proposed Changes

Currently, the IEBC streams results live from polling stations, allowing election agents, observers, journalists, and the public to monitor and verify results in real time. Although the livestream does not legally determine the outcome, it serves as an important transparency mechanism.

If enacted, the bill would require results to be counted and announced at polling stations before electronic transmission. While scanned copies of official result forms would remain accessible online, the familiar national tallying center display may not be reinstated for the 2027 elections.

Context and Implications

The proposed amendments revive a similar bill introduced in 2024 following the disputed 2022 elections, which had stalled in Parliament. Kenya has experienced two presidential election petitions in the last decade, underscoring the critical role of transparency in electoral credibility.

As the country prepares for the 2027 polls, the final form of this legislation will significantly influence public trust in the electoral process and the perceived legitimacy of election outcomes.