National Assembly clarifies IEBC livestreaming requirement in Elections Amendment Bill

The National Assembly has retained the requirement for the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for livestreaming election results after passing amendments to the Elections (Amendment) (No. 2) Bill, 2024.

In an explainer issued on Friday, October 23, 2026, Parliament dismissed reports suggesting that the amendments had removed the legal obligation to livestream election results, describing the claims as “false and misleading.”

The House said the amendment passed on Thursday, October 22, retained the livestreaming requirement under Section 39(1G) of the Elections Act, maintaining the existing legal framework governing the determination, announcement and declaration of election results.

“Contrary to the false reports, the amendment passed by the National Assembly retain the requirement on the IEBC to establish a mechanism for the livestreaming of election results,” the statement said.

The clarification comes amid public debate over electoral transparency and the safeguards governing the transmission and declaration of results ahead of the 2027 General Election.

MPs retain existing legal provisions

According to the National Assembly, the Elections (Amendment) (No. 2) Bill, Senate Bill No. 29 of 2024, was passed by the Senate with amendments before being referred to the National Assembly for consideration.

The Bill was subsequently referred to the Departmental Committee on Justice and Legal Affairs for public participation and engagement with stakeholders, including the IEBC.

The National Assembly said the legislation seeks to introduce several changes to the electoral framework, including requiring the voters’ register to be available for inspection at all times, except during designated periods before an election or referendum.

Other proposed changes include removing provisions requiring IEBC involvement in political party primaries, revising the legal framework governing the recall of Members of Parliament and giving political parties greater flexibility in identifying and nominating candidates for elective and party-list positions.

The Bill also proposes suspending voter registration during a by-election only in the affected electoral area and restricting people who register during that suspension from contesting in the by-election in the area concerned.

Additionally, it seeks to promote substantive justice, fairness and accountability in the hearing and determination of electoral disputes.

High Court ruling informs decision

The National Assembly said its decision to retain the livestreaming requirement was informed by a recent High Court ruling on the interpretation of Section 39 of the Elections Act.

The statement cited the case Okoiti & another v Independent Electoral and Boundaries Commission & 5 others [2026] KEHC 13916 (KLR), in which the High Court in Nairobi issued a judgment on September 22, 2026.

According to Parliament, the court upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, declining a request by petitioners to invalidate the provisions.

The court also cautioned Parliament to consider its interpretation of Section 39 when finalising the Elections (Amendment) (No. 2) Bill, 2024, or enacting other electoral legislation ahead of the 2027 General Election.

The National Assembly said Clause 22 of the Bill, as received from the Senate, sought to delete Section 39 of the Elections Act and replace it with a differently worded provision.

However, lawmakers deleted Clause 22 to preserve the existing section and maintain the livestreaming requirement under Section 39(1G).

“In this regard, the National Assembly, after public participation on the Bill and guided by the recent judgment, resisted the attempt to interfere with Section 39 of the Elections Act and the attendant established procedure for the determination and declaration of election results,” the statement said.

Bill returns to Senate

Following its passage with amendments, the Bill will be returned to the Senate in accordance with Article 110(4) of the Constitution, which governs the consideration of legislation concerning county governments and the resolution of disagreements between the two Houses.

The Senate will therefore have another opportunity to consider the changes introduced by the National Assembly before the legislative process proceeds.

The clarification places the livestreaming requirement at the centre of renewed attention on electoral accountability as Kenya prepares for the 2027 polls.

The IEBC is responsible for conducting and supervising elections and referendums, while the legal framework governing the declaration of results remains a key component of public confidence in the electoral process.