Battle looms over plan to scrap livestreaming of election results

A controversial proposal to scrap the mandatory livestreaming of election results from polling stations has thrust the Elections (Amendment) Bill, 2024 into the spotlight, setting the stage for a fresh battle over the transparency of the 2027 General Election.

The Bill, passed by the Senate in December 2024 and now awaiting consideration by the National Assembly, seeks to remove a legal requirement compelling the Independent Electoral and Boundaries Commission (IEBC) to create a mechanism for the livestreaming of results as they are announced at polling stations.

The proposed change has alarmed critics, who warn it could weaken public scrutiny of vote counting and erode confidence in the credibility of future elections.

The government-sponsored Elections (Amendment) Bill, 2024 seeks to delete Section 39 of the Elections Act and replace it with a new provision that, among other things, does not require the Independent Electoral and Boundaries Commission (IEBC) to facilitate the livestreaming of election results, including presidential results, as announced at polling stations.

However, the clause replacing Section 39, which was approved by the Senate, does not include the requirement for the livestreaming of poll results as they are announced at polling stations.

“The new section has omitted provisions providing for the requirement for IEBC to establish a mechanism for the live-streaming of results as announced at polling stations to facilitate public information,” reads Clause 22 of the Bill, as highlighted in the memorandum of objects and reasons.

The Bill, jointly sponsored by Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo, was a product of the National Dialogue Committee (Nadco). It was read for the first time in the National Assembly on February 13, 2025, before being shelved.

Attention is now on the National Assembly over whether it will agree with the Senate’s move to scrap the requirement for livestreaming election results as announced at polling stations, raising concerns about transparency in future national elections.

The Senate’s move sets up a high-stakes showdown over the transparency of future elections, with former National Assembly Speaker Justin Muturi faulting the proposed amendment, saying livestreaming election results “is a common democratic norm across progressive democracies."

The Bill, passed by the Senate in December 2024, departs from the electoral reforms of 2016, which, among other changes, made it mandatory for the electoral commission to undertake livestreaming of election results from polling stations.

Currently, the IEBC is required to livestream election results on big screens mounted at the national tallying centre as they are announced at polling stations, where the media picks up the feed and broadcasts it live to update the public on who is leading, by what margin and from how many polling stations.

“The Commission shall establish a mechanism for the live streaming of results as announced at polling stations and results so streamed shall for purposes of public information only and shall not be the basis for a declaration by the commission,” reads Section 39(1)(g) of the Elections Act.

Critics say removing the livestreaming requirement is likely to reduce trust and transparency in the electoral process.

They argue that the Bill reduces public oversight by removing a tool that allows ordinary citizens to identify potential issues as they happen.

Media houses would also be curtailed in carrying out their role of informing the public because they rely on livestreaming of results from polling stations to verify the outcome without waiting for IEBC announcements.

Muturi, the leader of the Democratic Party, said livestreaming election results as announced at polling stations enhances transparency, strengthens public confidence in the electoral process and enables citizens to witness democracy in action.

“Transparency is the hallmark of free, fair and credible elections. The media, as an independent pillar of democracy, plays a vital role in ensuring that elections are conducted in a manner that inspires confidence and trust among the citizens of Kenya,” said Muturi.

Muturi, who served as National Assembly Speaker, Attorney-General and Public Service Cabinet Secretary, argued that any proposal, from whichever quarter, to ban the livestreaming of election results is not only unconstitutional and offensive to the principles of open governance, but also a stain on the democratic conscience of the Kenyan people.

He noted that countries such as Germany, France, Spain, Italy, Poland, Ireland, Sweden, the United Kingdom, Canada, Australia, the United States, India, South Africa, Ghana, Nigeria, Brazil and Indonesia embrace robust media participation in election coverage.

Veteran lawyer and politician Paul Muite criticised the Senate proposal to remove the IEBC's obligation to livestream polling station results, warning that the move could undermine transparency and public confidence ahead of the 2027 General Election.

"Rigging preparations in plain sight. If rigging fails, unleashing violence is the last nuclear option. Power must be retained. The will of the people is irrelevant. Mobutu and many others travelled this route. The people always succeed in the end. Kenyans will succeed no matter what!" said Muite on his X account.

In 2022, the National Assembly Committee on Justice and Legal Affairs (JLAC), then chaired by Kangema MP Muturi Kigano, overruled the IEBC’s proposal not to livestream presidential election results.

The IEBC, then chaired by the late Wafula Chebukati, had sought the repeal of the law compelling it to livestream the results.

The IEBC has dismissed reports that it plans to ban livestreaming of election processes and results during the 2027 General Election, assuring Kenyans that the media will remain a key partner in promoting transparency and accountability.

IEBC Chairperson Erastus Ethekon said the commission had neither made a decision nor proposed to Parliament any measure aimed at stopping the media from livestreaming election proceedings.

"Kenyans should be informed that there is no proposal to stop the live transmission of results. The IEBC would be the last institution to introduce measures that undermine the media's role in scrutinising electoral processes. Transparency remains central to our operations,” said Ethekon.

He said the commission had instead been working closely with media organisations to strengthen collaboration ahead of the 2027 polls, citing a recent meeting with the Kenya Media Sector Working Group, where the commission signed a memorandum of understanding with representatives of the media industry.

Ethekon pointed out that the media had continued to play an important role during recent by-elections by reporting from polling stations and tallying centres, saying the partnership would continue throughout the electoral cycle.

"Our responsibility is to protect the public interest and ensure Kenyans have access to accurate information," he said.

"The media has been a very important partner to the IEBC during the conduct of by-elections. They have been informing Kenyans and showing every process we have been engaged in as a commission, whether at polling stations or tallying centres," said Ethekon.

The IEBC chairman said the commission stands for transparency and accountability and would be the last institution to make any decision or proposal that would stifle the freedom of the media to scrutinise its work, including livestreaming election processes.

Muturi argued that while electoral laws differ on matters such as exit polls and projections before the close of voting, the transparent reporting and live broadcasting of official election results have become hallmarks of credible democratic practice.

“We should not allow Kenya to move away from transparency. Instead, we should strengthen accountability, fairness and transparency in our elections since citizens will only trust a process that is open to them and not shrouded in secrecy,” said Muturi.

Ethekon said the commission would communicate to Kenyans in good time on the modalities for accessing election results once the transmission process begins, reiterating that its responsibility is to protect the public interest and ensure Kenyans have access to accurate information.