The Independent Electoral and Boundaries Commission (IEBC) has defended the proposed Elections Laws (Amendment) Bill, 2026, dismissing claims that it seeks to abolish electronic voter identification, ban live transmission of election results or return Kenya to the manual electoral system used during the disputed 2007 General Election.
In a statement issued on Thursday, the Commission accused sections of the media of misrepresenting the contents of the Bill currently before Parliament, saying the proposed amendments are intended to align electoral laws with court decisions while strengthening legal certainty in election management.
"The media reports are erroneous and a misrepresentation of the Bill as tabled before Parliament," the Commission said. At the centre of the debate is the proposed result transmission framework. Contrary to reports, the IEBC says the Bill does not amend Section 44 of the Elections Act, which provides for the use of the Integrated Elections Management System (KIEMS) for voter registration, electronic voter identification and electronic transmission of election results.
Instead, the Bill introduces a complementary mechanism for transmitting results where electronic transmission is impossible because polling stations lack the minimum 3G network coverage required to send statutory result forms electronically.
The Commission said the amendments are also intended to give effect to the Supreme Court's decision in the 2017 presidential election petition, which held that the official election result is the one recorded in the statutory Form 34A at the polling station.
Under the proposed law, presiding officers will continue to electronically transmit an image of the completed Form 34A, signed and witnessed by political party and candidate agents, while the original physical forms will remain the primary legal record.
The Commission will also continue publishing the forms on its online public portal, allowing stakeholders to scrutinise results as provided under Section 39 of the Elections Act.
The Bill further outlines the movement of physical election documents after polling. Presiding officers will deliver the original statutory result declaration forms to constituency Returning Officers, who will collate the results and prepare Form 34B. Both the original Forms 34A and Form 34B will then be forwarded to the National Returning Officer for tallying, verification and declaration of the presidential election results by the IEBC Chairperson.
Responding to concerns that the Bill could reduce transparency, the Commission insisted that vote counting and announcement of results at polling stations will remain open to the media, political party agents and election observers.
"The counting and prompt announcement of results by the presiding officers at the polling stations will be done in an open, transparent manner and in full glare of the media, agents and election observers," it said.
Another key feature of the Bill is the repeal of provisions of the Elections Act that were declared unconstitutional by the High Court in the Katiba Institute & 3 Others v Attorney General & 2 Others case.
According to the Commission, the amendments remove invalidated sections governing result management and election petitions and replace them with a framework that complies with constitutional and judicial requirements.
The IEBC said the proposed changes are designed to close legislative gaps created by court rulings, provide legal certainty in election management and establish a clear statutory framework for resolving electoral disputes.
Reaffirming its commitment to credible elections, the Commission said it remains focused on safeguarding the integrity of Kenya's electoral process. "The IEBC remains committed to preserving the integrity, credibility and transparency of the electoral process and ensuring that every election faithfully reflects the sovereign will of the people," the statement said.