LSK Chair Urges Parliament: Kenya Elections Bill 2024 Livestreaming Clarity

• A former LSK chairperson has called for clarity on livestreaming provisions in the Elections (Amendment) (No. 2) Bill, 2024.
• The Bill, approved by the National Assembly on October 22, 2026, replaces Section 39 of the Elections Act but does not explicitly require livestreaming of polling station results, and is not yet fully enacted into law.
• Previous High Court and Court of Appeal rulings in 2018 and 2023 invalidated a prior provision that limited livestreaming's use, citing a lack of transparency.
• Article 86 of the Kenya Constitution mandates transparent, verifiable, and accountable elections with prompt result announcements.
• Parliament is urged to enact a constitutionally sound livestreaming requirement to ensure public trust ahead of the 2027 General Election.

Electoral reform should make every vote easier to verify, not leave transparency dependent on institutional discretion.

A former chairperson of the Law Society of Kenya has publicly urged the Kenyan Parliament to release the definitive text of the Elections (Amendment) (No. 2) Bill, 2024, which was approved by the National Assembly on October 22, 2026, but has not yet been fully enacted into law. This appeal, made on October 23, specifically seeks clarification on whether the proposed legislation guarantees the public's ability to livestream the announcement of election results directly from polling stations. The National Assembly approved this significant Bill on October 22, 2026, setting the stage for potential changes in how election outcomes are disseminated.

The former LSK official emphasized that citizens require direct visibility into the process by which votes are transformed into final election results, rather than being expected to simply trust the system. A key concern highlighted is Clause 22 of the published Bill, which is intended to replace section 39 of the existing Elections Act. While this clause includes provisions for the electronic transmission of results and their online publication, it notably lacks an explicit requirement for the livestreaming of results from polling stations. The former chairperson acknowledged that this omission does not equate to an outright prohibition on livestreaming but stressed the distinct functions served by transmitting results to electoral officials versus allowing public observation of their announcement. A direct call was made for Parliament to confirm if this specific omission persisted through the amendments approved by Members of Parliament.

The current debate over the Kenya Elections Bill 2024 livestreaming clarity is deeply rooted in prior legal interpretations concerning electoral transparency. In April 2018, the High Court, in the landmark case of Katiba Institute v Attorney General, invalidated section 39(1G) of the Elections Act. This particular provision had previously mandated livestreaming but restricted the use of these streams solely for public information, explicitly disallowing them as a basis for declaring official results. The High Court determined that such a limitation fundamentally undermined the principles of transparency and accountability in the electoral process.

This judicial stance was subsequently affirmed by the Court of Appeal in October 2023, during the case of National Assembly v Katiba Institute. The former LSK chairperson underscored that these rulings did not prohibit the act of livestreaming itself, but rather struck down a provision that sought to limit its utility in ensuring a credible election. Consequently, the call to Parliament is not merely for clarity but for the enactment of a constitutionally robust requirement for livestreaming, rather than relying on a provision that has already been deemed legally unsound by the courts. This imperative is further reinforced by Article 86 of the Kenya Constitution, which unequivocally demands that elections be transparent, verifiable, and accountable, necessitating prompt announcements at polling stations and the open, accurate collation of results.

The implications of the Elections (Amendment) (No. 2) Bill, 2024 Kenya, particularly regarding the absence of explicit livestreaming mandates, are significant for the integrity of upcoming polls. With the 2027 General Election on the horizon, the former LSK chairperson stressed the critical need for Parliament to guarantee public access to live announcements of results. This measure is seen as essential for fostering public confidence and ensuring that the electoral process is perceived as fair and legitimate.

Furthermore, the Independent Electoral and Boundaries Commission (IEBC) is urged to clearly articulate how citizens will be empowered to monitor and scrutinize the electoral proceedings effectively. The overarching message is that genuine electoral reform should simplify the verification of every vote, moving away from a system where transparency is contingent upon the discretion of institutions. The core principle articulated is that while the ballot itself must remain secret, the subsequent counting process must be conducted with complete openness, ensuring that the Kenya election results live streaming law provides maximum clarity and public trust.

Lawyers advising political parties, electoral bodies, or civil society organizations involved in election monitoring should closely watch the final text of the Elections (Amendment) (No. 2) Bill, 2024. The clarity or absence of explicit livestreaming provisions will significantly impact compliance strategies for electoral transparency and potential grounds for future election petitions, especially given prior judicial interpretations of Article 86 of the Constitution.

Source: Original reporting via Kenyan legal advocacy.