High Court takes up petition on live presidential results streaming

NAIROBI, Kenya Oct 23 – The High Court has certified as urgent a petition challenging changes to the Elections (Amendment) Bill, 2024, with the legal battle focusing on whether Parliament removed the requirement for live transmission of presidential election results.

In directions issued on Friday, Justice David Mburu ordered that the petition filed by advocate John Muremi Njomo be served on the respondents within two days, paving the way for them to respond to the case.

The respondents and interested parties have been given seven days from the date of service to file their responses.

The case will be mentioned on November 2 to confirm compliance and give further directions.

Njomo is challenging the amendments passed by Parliament, raising questions about the removal of the legal requirement for live-streaming presidential election results.

However, National Assembly Majority Leader Kimani Ichung’wah has dismissed claims that MPs removed the live-streaming requirement, accusing politicians of spreading propaganda to mislead Kenyans.

“That bill from Senate did not have anything removing live streaming,” Ichung’wah said, insisting that amendments made by the National Assembly had not removed the provision either.

The Elections (Amendment) Bill is part of electoral reforms arising from recommendations of the National Dialogue Committee (NADCO), formed after political tensions following the 2022 General Election.

The Bill covers several areas of election administration, making the dispute over the transmission of presidential results one of the issues now attracting legal and political attention.

He pointed to Section 39(1G) of the Elections Act, which requires the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for live streaming results as announced at polling stations.

“The Commission, which is IEBC, shall mandatory, shall to facilitate public information, establish a mechanism for live streaming of results as announced at polling stations,” Ichung’wah said.

He added that the law remained unchanged, arguing that claims to the contrary were intended to stir public anger ahead of the next General Election.

“So let me tell those who are spreading that rumour online and the clueless and rudderless politicians who have a habit of misinforming Kenyans on the basis of propaganda: No tinkering of election live streaming of results has been done, neither by the Senate nor the National Assembly,” he said.

The Majority Leader also pointed out that the legislative process was not complete, noting that the Bill originated in the Senate and would have to return to the House for consideration of the National Assembly’s amendments.

“The bill has not been finished with or finalized with; it has to go back to the Senate because it’s a Senate bill. If they amend further, we shall go into a mediation process in line with the Constitution of the country,” he said.