Questions are emerging over how election results will be transmitted during the 2027 General Election after Members of the National Assembly rejected a proposal to amend a disputed provision of the Elections Act.
The proposed changes sought to address concerns over Section 39(1G), which requires the Independent Electoral and Boundaries Commission (IEBC) to establish a system for livestreaming results announced at polling stations.
Although the law provides for the public broadcast of the results, it states that the livestreamed figures are for public information only and cannot be used as the basis for the commission’s declaration of election results.
The provision was declared unconstitutional by the High Court in 2018, with the Court of Appeal upholding the decision in 2023. The appellate court raised concerns over the distinction between results streamed from polling stations and those relied upon to declare the final outcome.
The issue resurfaced during Thursday’s parliamentary session, where MPs voted against an amendment proposed by Suba South MP Caroli Omondi.
Omondi said the proposal was intended to ensure that results livestreamed from polling stations would count in determining election outcomes.
“My proposal was to make the livestreamed results count, but it was voted against in the House,” Omondi said.
However, National Assembly Majority Leader Kimani Ichung’wah defended the decision, cautioning lawmakers against making changes to electoral laws too close to an election.
The rejection leaves the debate over the legal status of livestreamed election results unresolved as preparations for the 2027 General Election continue.
