Kimani Ichung’wah: Kenya Elections Bill Live-Streaming Clarification Confirmed

• National Assembly Majority Leader Kimani Ichung’wah confirmed that the live-streaming of election results has not been removed from Kenyan law.
• He clarified that Section 39(1G) of the Elections Act still mandates the IEBC to live-stream results from polling stations.
• The Elections (Amendment) Bill, originating from National Dialogue Committee recommendations, is still undergoing the legislative process.
• Proposed changes within the Bill introduce a new one-third voter threshold in specific areas for initiating the recall of elected representatives.
• Ichung’wah urged politicians to focus on substantive policy discussions instead of spreading misinformation about electoral reforms.

Ichung’wah specifically referenced Section 39(1G) of the Elections Act Kenya, which unequivocally obligates the Independent Electoral and Boundaries Commission (IEBC) to implement a system for the live-streaming of results as they are declared at individual polling stations.

National Assembly Majority Leader Kimani Ichung’wah recently addressed widespread assertions that the requirement for live-streaming election results had been abolished by lawmakers. Ichung’wah firmly refuted these claims, characterizing them as deliberate propaganda intended to misinform the Kenyan populace. He stressed that neither the Senate nor the National Assembly had made any alterations to the existing provision mandating the live transmission of election outcomes. This clear Kenya Elections Bill live-streaming clarification directly counters narratives suggesting a weakening of electoral transparency measures.

His Kimani Ichung’wah election statement highlighted the integrity of the legislative process concerning this critical aspect of electoral administration. He specifically accused certain politicians of spreading these rumors to stir public anger, particularly in anticipation of the next general election, urging them to cease such activities.

The current Elections (Amendment) Bill Kenya is a direct outcome of the recommendations put forth by the National Dialogue Committee (NADCO), which was established to address political tensions that arose following the 2022 General Election. This comprehensive Bill seeks to reform various facets of electoral administration, extending beyond merely the transmission of results.

Ichung’wah specifically referenced Section 39(1G) of the Elections Act Kenya, which unequivocally obligates the Independent Electoral and Boundaries Commission (IEBC) to implement a system for the live-streaming of results as they are declared at individual polling stations. He quoted the statutory language, affirming that the IEBC live-streaming results Kenya mandate remains firmly in place: "The Commission, which is IEBC, shall mandatory, shall to facilitate public information, establish a mechanism for live streaming of results as announced at polling stations." He reiterated that this legal requirement has not been modified, dismissing claims to the contrary as attempts to incite public discontent.

During recent deliberations on the Elections (Amendment) Bill Kenya, Members of Parliament also gave their approval to significant modifications concerning the process for recalling elected representatives. Under the revised proposals, any initiative to recall a Member of the National Assembly would necessitate the endorsement of at least one-third of the registered voters in every ward within the affected constituency.

Similarly, for a Senator, the proposed threshold would require the support of one-third of registered voters in every constituency located within their respective county. The ultimate outcome of such a recall election would then be determined by a simple majority of the votes cast by participating electors. This one-third threshold was adopted after extensive debate in the House, marking a substantial change to the Kenya recall elected representatives bill framework.

It is important to note that the legislative journey for the Elections (Amendment) Bill Kenya is not yet complete. As the Bill originated in the Senate, it must return to that chamber for further consideration of the amendments introduced by the National Assembly. Should the Senate propose additional changes, the constitutional framework provides for a mediation process to resolve any differences between the two houses.

Ichung’wah used this opportunity to admonish politicians, urging them to prioritize policy discussions aimed at resolving the daily challenges faced by Kenyans, rather than disseminating what he described as false and inflammatory claims. He emphasized the need for constructive engagement over the propagation of misinformation, particularly concerning electoral matters, and called on those spreading lies to seek alternative occupations.

Lawyers advising on Kenyan electoral law or involved in election petitions should note the clarification that live-streaming of results remains mandatory under Section 39(1G) of the Elections Act, countering misinformation. Additionally, be aware of the proposed, but not yet finalized, changes to the recall process for elected representatives, which introduces new thresholds for initiating such actions.

Source: Original reporting via Kenyan parliamentary statements