Kenya High Court: Certifies Live Presidential Results Streaming Petition Urgent

• Kenya's High Court has certified as urgent a petition challenging the Elections (Amendment) Bill, 2024, regarding live presidential results streaming.
• Advocate John Muremi Njomo filed the petition, questioning if Parliament removed the live transmission requirement.
• The petition is currently pending an inter partes hearing, with advocate John Muremi Njomo seeking urgent conservatory orders to prevent the Bill from being assented into law if it removes the live-streaming requirement, and has requested the court certify the case as raising substantial questions of law.
• National Assembly Majority Leader Kimani Ichung’wah denies any removal of the live-streaming provision, citing Section 39(1G) of the Elections Act.
• The Elections (Amendment) Bill originated from NADCO recommendations and is still undergoing the legislative process, requiring a return to the Senate.

The High Court's engagement with the Kenya High Court live presidential results streaming petition carries substantial weight for the future of electoral transparency and public confidence in Kenya's democratic processes.

Kenya's High Court has certified as urgent a significant legal challenge concerning the Elections (Amendment) Bill, 2024. The petition, filed by advocate John Muremi Njomo, specifically questions whether recent parliamentary changes have eliminated the crucial requirement for live transmission of presidential election results. This development sets the stage for a critical legal battle over electoral transparency.

On Friday, Justice David Mburu issued directives for the case, ordering that the petition be served upon the respondents within two days. Following this, the respondents and any interested parties will have a seven-day period from the date of service to submit their formal responses to the court. The petition is currently pending an inter partes hearing, with advocate John Muremi Njomo seeking urgent conservatory orders to prevent the Bill from being assented into law if it removes the live-streaming requirement, and has requested the court certify the case as raising substantial questions of law.

The central contention of the John Muremi Njomo petition revolves around the alleged removal of the legal mandate for live-streaming presidential election results through the amendments passed by Parliament. However, National Assembly Majority Leader Kimani Ichung’wah has vehemently rejected these claims, accusing politicians of spreading misinformation and propaganda to mislead the public. Ichung’wah asserted that neither the original bill, which originated in the Senate, nor the subsequent amendments introduced by the National Assembly, contained any provisions that would remove the live-streaming requirement.

To bolster his argument, Ichung’wah specifically referenced Section 39(1G) of the Elections Act. This section, he highlighted, explicitly obligates the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for the live streaming of results as they are announced at polling stations. He quoted the provision, stating, “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.” The Majority Leader maintained that the law remains unchanged and suggested that claims to the contrary are intended to incite public anger ahead of the next General Election. He firmly stated that no “tinkering” with the live streaming of election results had occurred, either by the Senate or the National Assembly.

The Elections (Amendment) Bill, 2024, is a direct outcome of recommendations made by the National Dialogue Committee (NADCO), which was formed in response to political tensions that followed the 2022 General Election. This context underscores the bill's importance within broader electoral reform efforts, even as the dispute over presidential results transmission has become a focal point of legal and political attention. The bill encompasses various aspects of election administration, making the current controversy particularly significant.

Majority Leader Ichung’wah also pointed out that the legislative process for the bill is not yet complete. He clarified that because the bill originated in the Senate, it must return to that chamber for consideration of the amendments introduced by the National Assembly. Should the Senate propose further modifications, the process would then necessitate a mediation phase, in full compliance with the country's constitutional framework, before the bill can be finalized and enacted into law.

The High Court's engagement with the Kenya High Court live presidential results streaming petition carries substantial weight for the future of electoral transparency and public confidence in Kenya's democratic processes. The ultimate decision will provide crucial clarification on the precise legal requirements for live presidential election results transmission, directly influencing how future elections are conducted and observed. This case is particularly relevant for lawyers specializing in election law, constitutional law, or public interest litigation in Kenya, as the court's ruling will define compliance obligations for various political actors and observers.

This legal challenge underscores the ongoing sensitivity surrounding election integrity, especially concerning the real-time dissemination of results. Live streaming is widely regarded as a vital mechanism for ensuring accountability, enhancing public trust, and potentially reducing post-election disputes. Therefore, the outcome of this petition will have far-reaching implications for the country's electoral framework and its commitment to transparent democratic practices.

Lawyers specializing in election law, constitutional law, or public interest litigation in Kenya must closely monitor the High Court's decision on this petition, as it will clarify the legal requirements for live presidential election results transmission and impact future electoral processes and compliance obligations for political actors and observers.

Source: Original reporting via news reports