Former LSK chair seeks clarity on live streaming provisions in new law

NAIROBI, Kenya Oct 23 – A former chairperson of the Law Society of Kenya has urged Parliament to publish the approved text of the Elections (Amendment) (No. 2) Bill, 2024, and clarify whether it guarantees public livestreaming of results announced at polling stations.

The National Assembly passed the Bill on October 22, 2026. In a statement, the former LSK chairperson said Kenyans should be able to see how votes become election results, rather than simply being asked to trust the process.

The statement said Clause 22 of the published Bill replaces section 39 of the Elections Act but does not expressly require livestreaming of polling-station results. It retains provisions for electronic transmission and online publication of results forms.

The former chairperson said the omission did not amount to a ban on livestreaming, but argued that transmitting results to election officials and allowing the public to watch their announcement served different purposes.

“Parliament must clarify whether this omission survived the amendments MPs approved,” the statement said.

The statement also cited the court history of the livestreaming provision. In April 2018, the High Court in Katiba Institute v Attorney General invalidated section 39(1G), which required livestreaming but limited the streams to public information and excluded them as a basis for declaring results.

The court found that restriction undermined transparency and accountability, the statement said. The Court of Appeal upheld the decision in October 2023 in National Assembly v Katiba Institute.

The former chairperson said the rulings did not prohibit livestreaming, and urged Parliament to enact a constitutionally sound requirement rather than rely on a provision already invalidated by the courts.

The statement referred to Article 86 of the Constitution, which requires elections to be transparent, verifiable and accountable, with prompt announcements at polling stations and open, accurate collation of results.

Ahead of the 2027 General Election, Parliament should guarantee public access to live results announcements, the former chairperson said, adding that the Independent Electoral and Boundaries Commission should explain how citizens will be able to follow and scrutinise the process.

“Electoral reform should make every vote easier to verify, not leave transparency dependent on institutional discretion,” the statement said. “The ballot is secret but the count must be open.”