Ichung’wah clarifies IEBC livestreaming clause after MPs pass election Bill

National Assembly Majority Leader Kimani Ichung’wah has rejected claims that MPs passed a Bill banning the Independent Electoral and Boundaries Commission (IEBC) from livestreaming election results, insisting that the House did not alter the existing provisions on the practice.

In a statement responding to reports circulating after the National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024, Ichung’wah said neither the original Senate Bill nor amendments made by MPs on Thursday affected Section 39(1G) of the Elections Act, which provides for livestreaming results announced at polling stations.

“The Bill from the Senate did not have any clause banning livestreaming, neither did ANY of the amendments in the National Assembly yesterday tinker with this,” he said.

Ichung’wah, who co-chaired the National Dialogue Committee (NADCO) process with Wiper leader Kalonzo Musyoka, accused those circulating the claims of spreading misinformation about the legislation.

“The Elections Act provisions on live streaming remain as they are under section 39 1G. NOTHING has changed,” he added.

However, reports published following Thursday’s parliamentary sitting indicate that Clause 22 of the Bill seeks to replace Section 39 of the Elections Act, including removing the express requirement for the IEBC to establish a mechanism for livestreaming results as announced at polling stations. The published Bill’s memorandum also identifies removal of that requirement among its proposed changes.

The distinction at the centre of the dispute is between banning livestreaming outright and removing the legal obligation for the IEBC to provide it. Removing the statutory requirement would not necessarily prohibit the commission from livestreaming results voluntarily.

The existing Section 39(1G) provides that the IEBC shall establish a mechanism for livestreaming results announced at polling stations, adding that the streamed results are for public information and shall not form the basis for the commission’s declaration.

The provisions reproduced in the document shared by Ichung’wah include this wording. However, the extract alone does not establish whether the subsection remains in the version of the Bill passed by the National Assembly.

Other provisions governing the handling of election results include electronic transmission of presidential results, verification of transmitted figures and publication of polling-station results forms through the IEBC’s online public portal.

The proposed changes have raised questions about how the public will follow the announcement of results in real time, even as other transmission and publication procedures remain part of the framework.

The Majority Leader argued that the Bill reinforces court decisions on transparency, accountability, and openness in elections.

He also said MPs rejected attempts to alter or dilute Section 39, singling out a proposal by Suba South MP Caroli Omondi.

“The House refused attempts to interfere with, tinker, or dilute the provisions of section 39, including the attempt sponsored by Caroli Omondi,” Ichung’wah said.

The livestreaming provision has previously been the subject of court proceedings, including a challenge to the restriction that streamed results would be for public information only. The legal debate has involved the relationship between results announced at polling stations, their electronic transmission, and the results ultimately declared by the commission.

The National Assembly passed the Bill on October 22, 2026, following its earlier passage by the Senate.