Truth Stand Against Spin- The Elections Amendment Bill Preserves Public Transparency

A wave of misleading reports and targeted misinformation has sought to distort the contents of the Elections (Amendment) (No. 2) Bill (Senate Bill No. 29 of 2024)—a crucial legislative framework emerging directly from the bipartisan National Dialogue Committee (NADCO) recommendations.

Contrary to claims that Parliament moved to scrap the live-streaming of election results, the legislative record and the text of the bill demonstrate that the existing legal framework remains intact.

Setting the Record Straight: Key Facts on the Legislation

• No Livestreaming Ban in the Senate Bill

The version of the bill passed by the Senate contains no clause banning or restricting the live-streaming of election results, nor did the National Assembly introduce any amendments to prohibit the practice.

The statutory provisions governing live-streaming under Section 39(1G) of the Elections Act remain fully in effect. Parliament preserved the existing mechanisms that guarantee public real-time access to transmitted polling station results.

The legislation reinforces core principles established by Kenyan jurisprudence—including landmark rulings in cases such as Maina Kiai, Okiya Omtatah, Kalonzo Musyoka, and Katiba Institute—which affirm that polling station results are final and that electoral management must adhere to constitutional principles of openness, transparency, and accountability.

Members of Parliament rejected attempts to tinker with, dilute, or alter the procedural safeguards set out in Section 39 of the Elections Act, including an amendment sponsored by Suba South MP Caroli Omondi.

Safeguarding Democratic Integrity

The NADCO legislative process was established to build consensus and fortify Kenya’s democratic infrastructure following the 2022 General Election. Rather than diminishing public oversight, the retained provisions ensure that candidate agents, accredited media houses, independent election observers, and members of the public maintain the right to view, record, and verify election results at every tallying level.

As the country prepares for future electoral cycles, maintaining factual clarity regarding statutory reforms remains vital to protecting public confidence in democratic institutions.