Kenya Elections Bill Keeps IEBC Livestreaming Duty After MPs Delete Disputed Clause 22Kenya Elections Bill Keeps IEBC Livestreaming Duty After MPs Delete Disputed Clause 22
Key Highlights
- The National Assembly says it deleted the clause that would have rewritten Section 39, leaving the IEBC's livestreaming duty in place.
- Early reports, including Mwenendo's, said MPs had scrapped livestreaming; Parliament, the Government Spokesperson and a principal secretary say that is wrong.
- The bill now returns to the Senate, and the final text will settle how results reach voters in 2027.
Kenya's Independent Electoral and Boundaries Commission (IEBC) is still legally required to livestream results announced at polling stations, the National Assembly and the government said this week, after MPs deleted a Senate clause that would have rewritten the section of the law carrying that duty.
The clarification matters because it decides how quickly voters, parties and observers can check figures against the official declaration in the 2027 General Election. Several outlets, including Mwenendo in an earlier version of this story, reported that the Elections (Amendment) (No. 2) Bill would end the commission's livestreaming obligation. Officials say that is not what the House passed.
What MPs changed
The National Assembly passed the bill with amendments on Thursday, 22 October, after public participation and review by its Justice and Legal Affairs Committee.
A National Assembly explainer, reported by The Kenya Times, says Clause 22 of the bill as received from the Senate would have deleted Section 39 of the Elections Act and replaced it.
MPs instead deleted Clause 22 itself, leaving Section 39 as it stands.
Section 39(1G) requires the IEBC to set up a mechanism to livestream results as they are announced at polling stations. The streamed figures are for public information; the signed polling station forms remain the basis of the official declaration.
Majority Leader Kimani Ichung'wah said on 23 October that the livestreaming provisions "remain as they are" under Section 39(1G). Government Spokesperson Charles Owino gave the same assurance on 24 October, and Principal Secretary for Parliamentary Affairs Aurelia Rono said in a statement reported by Citizen Digital that the provision "remains intact".
The court ruling behind the change
The House says it acted on a High Court judgment of 22 September 2026 in Okoiti and another v IEBC and five others. The court upheld Section 39 and Regulation 83(2) of the Elections (General) Regulations and cautioned Parliament to weigh its reading of Section 39 in future election laws.
Why the reports conflict
Some coverage of the vote, including The Star, described Clause 22 as approved and the livestreaming duty as removed. The National Assembly, the government and the Majority Leader all say the opposite.
The amended text has not yet been published alongside the official statements, so the final wording will only be clear once the National Assembly releases it.
The bill also removes the IEBC's role in political party primaries, keeps the voter register open for inspection outside set pre-election periods, limits registration freezes during by-elections to the affected area and revises the rules for recalling MPs.
The Senate's turn
Because it is a Senate bill, it now returns to the Senate under Article 110(4) of the Constitution to consider the MPs' amendments. If the two Houses disagree, a mediation committee would settle the text.
For businesses and investors, a credible and timely results process lowers the risk of a disputed outcome ahead of the 2027 vote. Mwenendo has also tracked how Nigeria's January 2027 election is shaping economic policy debates.
Correction, 24 October 2026: The original story said the bill would end the IEBC's legal duty to livestream polling station results and that it was still nearing a vote. The National Assembly passed it on 22 October after deleting Clause 22, and Parliament, the Majority Leader, the Government Spokesperson and the PS for Parliamentary Affairs say Section 39(1G) livestreaming is retained.
In Summary
- Did MPs scrap livestreaming of election results?
- No, according to the National Assembly and the government. MPs deleted Clause 22, which would have replaced Section 39 of the Elections Act, so the IEBC's duty under Section 39(1G) to livestream polling station results stays.
- When did the National Assembly pass the bill?
- On Thursday, 22 October 2026, with amendments. Clarifications followed from Kimani Ichung'wah on 23 October and from Charles Owino and PS Aurelia Rono on 24 October.
- Why was Clause 22 deleted?
- The House cited public participation and a High Court judgment of 22 September 2026 that upheld Section 39 and cautioned Parliament on future changes to it.
- What happens next?
- The Elections (Amendment) (No. 2) Bill returns to the Senate under Article 110(4) of the Constitution to consider the National Assembly's amendments.