Justin Muturi: Urges Kenya 2027 Election Livestreaming Protocol

• Former Public Service Cabinet Secretary Justin Muturi has called for a binding protocol to govern livestreaming of results for Kenya's 2027 General Election.
• The proposed protocol aims to prevent disruptions seen in 2022, ensuring public access and clear explanations for any interruptions.
• The National Assembly confirmed that the legal requirement for livestreaming polling station results, under Section 39(1G) of the Elections Act, remains intact.
• This confirmation followed the deletion of Clause 22 from the Elections (Amendment) (No. 2) Bill, 2024, which had sought to replace Section 39.
• Muturi emphasizes the urgent need for detailed guidelines on *how* livestreaming will be implemented, including handling technical failures and restrictions.

The time to act is now, not when tensions are already high. Kenyans deserve transparency, accountability and timely access to election information.

Former Public Service Cabinet Secretary Justin Muturi has urged the establishment of a mandatory protocol to govern the livestreaming of results for Kenya's 2027 General Election. His call, made on October 25, emphasizes the critical need for clear regulations to safeguard public access to electoral information and prevent a recurrence of the disruptions observed during the 2022 presidential results announcement. Muturi specifically advocates for a collaborative meeting involving the Ministry of Information, the Media Council of Kenya, political parties, and the Independent Electoral and Boundaries Commission (IEBC) to formulate enforceable guidelines well in advance of the upcoming polls.

Muturi highlighted that interruptions in the live communication of election results, such as those experienced at Bomas of Kenya in 2022, can significantly fuel public suspicion, erode trust, and escalate political tensions. To mitigate these risks, he proposes that the new protocol must guarantee unfettered public access to electoral data, mandate clear explanations for any livestreaming interruptions, and include robust contingency plans to address technical failures. He also cautioned against the indiscriminate use of national security as a pretext to restrict legitimate journalism or deny citizens access to information of public interest, insisting that any such restrictions must be lawful, necessary, and proportionate.

Muturi's appeal comes amidst recent legislative developments concerning the Elections Act. Initially, there were concerns that proposed amendments to the Elections (Amendment) (No. 2) Bill, 2024, might remove the legal requirement for livestreaming results announced at polling stations. However, the National Assembly has since clarified that this crucial requirement remains intact. Parliamentary Affairs Principal Secretary Aurelia Rono confirmed that Members of Parliament deleted Clause 22 from the Bill.

Clause 22 had sought to replace Section 39 of the Elections Act, which is the foundational provision governing the determination, transmission, and declaration of election results. The removal of Clause 22 effectively preserved Section 39, including its subsection 1G, which explicitly mandates the IEBC to establish a mechanism for livestreaming results directly from polling stations. This decision by the National Assembly followed a High Court judgment delivered on September 22, 2026, which affirmed the constitutionality of Section 39 and Regulation 83(2) of the Elections (General) Regulations, resolving a legal challenge against these provisions. The Bill, having passed the National Assembly with these amendments on October 22, is now slated for consideration by the Senate, in accordance with Article 110(4) of the Constitution. Government Spokesperson Charles Owino also reiterated that the livestreaming provision was secure, assuring Kenyans of the government's commitment to transparent election result communication.

While the legal framework for livestreaming results is confirmed, Muturi's proposal shifts focus to the practical implementation of these provisions. He emphasizes the need for detailed guidelines on how livestreaming should operate, specifically addressing scenarios such as interruptions, technical breakdowns, and any potential restrictions on coverage. The former Attorney General stressed that establishing these safeguards well in advance is crucial to ensure prompt public access to election information and to guarantee that any disruptions are adequately explained to the populace.

Muturi underscored the urgency of immediate consultations, arguing that preparations should not be deferred until political tensions inevitably escalate during the election period. He insisted that firm safeguards against arbitrary interruptions are essential, asserting that public access to vital election information should never be compromised. "The time to act is now, not when tensions are already high. Kenyans deserve transparency, accountability and timely access to election information," he stated, highlighting the importance of proactive measures for maintaining public confidence and electoral integrity.

Lawyers advising political parties, media houses, or election observation groups should closely monitor the development of the proposed binding protocols for livestreaming 2027 election results, as these will dictate compliance requirements for results transmission, interruption handling, and transparency, potentially impacting election litigation and public confidence.

Source: Original reporting via press statement