Kenya Elections Amendment Bill 2024: Livestreaming Faces Fierce Opposition

• The Kenyan National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, but amended it to retain the legal requirement for livestreaming presidential election results; the bill is not yet fully enacted.
• Political leaders, lawyers, and civil society groups have strongly opposed the bill, citing threats to electoral transparency for the 2027 General Election.
• Critics, including Martha Karua and retired Chief Justice David Maraga, argue the amendment violates Article 81 of the Constitution, which mandates transparent and accountable elections.
• David Maraga warned against a return to past electoral disputes and demanded the IEBC publish results online as they are received.
• The civic youth organization Taifa Mpya has threatened nationwide demonstrations if the livestreaming safeguard is not restored, emphasizing the need for public scrutiny of results.

Ensuring electoral accountability demands that citizens can observe the tallying process, not merely trust official pronouncements.

The Kenyan National Assembly recently approved the Elections (Amendment) (No. 2) Bill, 2024, a legislative action that has ignited significant controversy. The National Assembly, however, amended the bill to retain the existing legal mandate for the livestreaming of presidential election results, a provision previously intended to enhance transparency in the electoral process. The bill is currently awaiting further consideration by the Senate. The decision has drawn immediate and widespread condemnation from a diverse coalition of political figures, legal professionals, and civil society organizations.

Within a day of the bill's passage, opposition mounted sharply, with critics expressing profound concerns that this amendment poses a serious threat to electoral transparency in the lead-up to the 2027 General Election. They argue vehemently that the public must retain the ability to independently verify how votes are counted and subsequently announced. Martha Karua, leader of the People’s Liberation Party, characterized Parliament’s move as an alarming development, especially given that the August 10, 2027 General Election is less than a year away.

Karua, in a statement shared on X, contended that eliminating the livestreaming requirement could undermine crucial safeguards designed to protect the integrity of voters' choices. She explicitly stated that Parliament's decision to remove the Independent Electoral and Boundaries Commission's (IEBC) legal obligation to livestream results from polling stations indicated a "sign of fear." This sentiment underscores a broader apprehension among critics regarding the motivations behind the legislative change.

The backlash against the Elections (Amendment) (No. 2) Bill, 2024, is deeply rooted in Kenya's constitutional framework, particularly Article 81. This constitutional provision mandates that all elections must adhere to stringent standards of transparency, impartiality, accuracy, and accountability. Martha Karua specifically invoked Article 81, questioning why legislators would intentionally complicate citizens' ability to monitor results if they genuinely believed in the integrity of the electoral process. She challenged the rationale, asking why it would be made harder for people to see results if leaders were confident in the public's choice.

Further amplifying these constitutional concerns, retired Chief Justice David Maraga has pledged to collaborate with the People’s Coalition for Electoral Reforms to actively resist any measures perceived to weaken electoral accountability. Maraga underscored the Constitution's clear directive that the electoral system must be "accurate, verifiable, secure, accountable and transparent," asserting that "No law is superior to our Katiba." His remarks highlight the fundamental principle that statutory law cannot override the supreme law of the land.

Maraga also drew a stark historical parallel, recalling the contentious 2007 General Election and the subsequent violence that engulfed the nation. He issued a cautionary warning against any return to the practices reminiscent of the former Electoral Commission of Kenya, implying that the proposed amendment could jeopardize the lessons learned from past electoral disputes. To bolster transparency, Maraga additionally demanded that the IEBC proactively publish election results on its official website as they are received, thereby enabling citizens, including those in the diaspora, to track the tallying process beyond the physical confines of the commission's facilities.

The implications of the Kenya Elections Amendment Bill 2024 livestreaming changes extend far beyond procedural adjustments, touching upon the very foundation of public trust in Kenya's democratic institutions, particularly as the 2027 General Election approaches. The removal of the IEBC livestreaming results requirement is seen by many as a direct assault on the principle of open governance, making it more challenging for the electorate to verify the fairness and accuracy of the outcomes. This could significantly impact the legitimacy of future elections and potentially fuel political instability, undermining Kenya electoral transparency 2027.

The criticism has escalated to the point of direct action, with the civic youth organization Taifa Mpya issuing a threat of nationwide demonstrations should the legal safeguard for livestreaming not be reinstated. Caleb Amisi, a Member of Parliament for Saboti Constituency under the Orange Democratic Movement (ODM) and leader of the People's Renaissance Movement Party, explicitly stated that his party would not accept election results that diverge from figures verified through its own parallel tallying process. This stance underscores a deep-seated distrust and a readiness to challenge official outcomes if transparency measures are perceived to be inadequate. Amisi emphasized that it is the electoral body's fundamental duty to ensure a free and fair election by livestreaming results and providing full public access to information.

Law Society of Kenya (LSK) president Faith Odhiambo has also voiced significant apprehension regarding the amendment's potential ramifications, asserting that ensuring electoral accountability demands that citizens can observe the tallying process, not merely trust official pronouncements. She called upon Parliament to make the approved text of the Bill publicly available and to explicitly clarify whether the removal of the express livestreaming requirement remains in the version ultimately passed by Members of Parliament, highlighting the need for legislative clarity and public accountability.

Lawyers and compliance officers should monitor the final legislative text of the Elections (Amendment) (No. 2) Bill, 2024, particularly regarding the removal of the livestreaming requirement for presidential results. This change could significantly impact electoral dispute resolution, the burden of proof in challenging results, and the overall transparency framework for the 2027 General Election, necessitating revised strategies for election observation, client advice, and potential litigation.

Source: Original reporting via Kenyan news outlets