Kenya’s electoral laws could change ahead of the 2027 General Election after Parliament approved the Elections (Amendment) Bill, 2024, which proposes removing the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results as they are announced at polling stations.

The proposed amendment has sparked debate over electoral transparency, public access to election information and the safeguards needed to maintain public confidence in the voting process.

Despite the proposed removal of mandatory livestreaming, the Bill retains provisions requiring the electronic transmission, verification and online publication of election results.

Under the proposed framework, results declared at polling stations would remain final, while presidential election results would continue to be transmitted electronically to designated tallying centres and other authorised recipients.

The IEBC would also be required to verify the results and publish polling-station results forms through a public online portal, allowing Kenyans to access official election records.

The Bill also proposes changes to political party nominations and candidate registration, seeking to clarify the distinction between the two processes and limit arbitrary changes to nominated candidates.

Additionally, the proposed amendments would restrict the suspension of voter registration during a by-election to the electoral area directly affected by the poll, allowing registration activities to continue in other areas.

The legislative proposals form part of broader electoral reform efforts associated with recommendations from the National Dialogue Committee (NADCO).

Concerns Over Electoral Transparency

The proposed removal of mandatory livestreaming has raised questions about how the public will independently monitor the announcement of election results, particularly during the presidential election.

Supporters of the proposed changes may point to the continued electronic transmission and online publication of results as mechanisms for maintaining transparency. However, the effectiveness of these safeguards will depend on their implementation and the public's ability to access and verify the information.

Livestreaming provides an opportunity for voters, political parties and election observers to watch the announcement of results at polling stations in real time. Removing the legal requirement could therefore change how the public monitors this stage of the electoral process.

The debate comes as Kenya prepares for the 2027 General Election, with electoral transparency and the credibility of the results expected to remain central issues.

The next step

According to the information provided, the Bill has been approved by both the National Assembly and the Senate and is awaiting presidential assent. It will become law only after the required constitutional process is completed.

Until then, the proposed amendments remain subject to the applicable legislative process, and the existing legal requirements remain in force.