National Assembly Denies Removing IEBC Livestreaming Requirement in Elections Bill

The National Assembly has dismissed reports claiming that it removed the legal requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream election results, insisting that the provision remains intact.

In a statement issued on Friday, October 23, 2026, the Assembly’s Public Communications Office described the reports as “false and misleading” following the passage of the Elections (Amendment) (No. 2) Bill on Thursday, October 22.

The office clarified that lawmakers had deleted Clause 22 of the Bill, which proposed changes to Section 39 of the Elections Act, the law governing the determination, transmission and declaration of election results.

According to the Assembly, deleting the clause preserved the existing provisions, including the livestreaming requirement under Section 39(1G).

Assembly cites public participation and court ruling

The National Assembly said its decision followed public participation and consideration of a High Court judgment delivered on September 22, 2026, in the case of Okoiti and another v IEBC and 5 others.

In the ruling, the court upheld Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, declining to invalidate either provision.

The court also cautioned Parliament to “have regard to the construction of Section 39” when finalising electoral legislation ahead of the 2027 General Election.

The clarification followed reports published after Thursday’s parliamentary vote suggesting that MPs had scrapped the livestreaming requirement. The reports pointed to Clause 22 and argued that the move reversed Parliament’s 2022 position, when a parliamentary justice committee rejected a comparable proposal from the IEBC.

The reports sparked debate and criticism on social media, with questions raised about transparency in the transmission and announcement of election results.

The Assembly, however, maintained that the legal obligation had not been removed.

Other proposed changes to electoral laws

Beyond the livestreaming dispute, the Elections (Amendment) (No. 2) Bill proposes several changes to Kenya’s electoral framework.

The proposed amendments would keep the voter register open for public inspection outside designated pre-election periods and remove the IEBC’s role in overseeing political party primaries.

The Bill also seeks to align the recall of Members of Parliament with constitutional provisions, give political parties greater flexibility in candidate nominations and limit the suspension of voter registration during by-elections to the affected constituency.

Other proposed changes seek to strengthen fairness safeguards in the resolution of electoral disputes.

During the parliamentary debate, MPs rejected an amendment proposed by Suba South MP Caroli Omondi concerning the tallying, verification and communication of presidential election results.

National Assembly Majority Leader Kimani Ichung’wah opposed the amendment, cautioning against changing electoral rules so close to the next General Election.

IEBC had previously dismissed similar claims

The controversy follows an earlier dispute in July 2026, when the IEBC described reports concerning the removal of livestreaming provisions from a separate piece of legislation, the Election Laws (Amendment) Bill, 2026, as “erroneous.”

The commission has also maintained that it neither drafted nor sponsored the current Bill.

While the IEBC could still livestream results voluntarily, critics have argued that voluntary transmission offers weaker legal guarantees than a requirement expressly provided for in law.

Since the National Assembly amended the Bill, it must be referred back to the Senate in accordance with Article 110(4) of the Constitution, which provides for the resolution of disagreements between the two Houses over Bills concerning county government.