The reconstituted Independent Electoral and Boundaries Commission (IEBC) assumed office about a year ago on the backdrop of growing mistrust among Kenyans.
But, even before it conducts its first General Elections, the Commission is already confronting a fresh credibility test after proposing restrictions on the livestreaming of election results.
The proposal, presented as part of efforts to safeguard the integrity of the tallying process, has instead reignited long-standing public anxieties over transparency in the country's electoral management system.
For many Kenyans, whose confidence in election management has been repeatedly shaken by disputed presidential results, court battles and allegations of manipulation, the move has reinforced fears that access to real-time information could be curtailed at the most critical stage of the democratic process.
The government sponsored Bill, whose fate now lies with the National Assembly, is jointly sponsored by Senate Majority leader Aaron Cheruiyot and Minority leader Stewart Madzayo.
The Bill that has stalled at the First Reading level in the Assembly since February 2024, seeks to repeal section 39(1)(g) of the Elections Act.
If approved, live transmission of results displayed by the Commission at the National Tallying Centre may not be there in the 2027 polls.
Kenyans have since responded to the proposal, pouring their anger and outrage as they question the motive behind the proposal, with some suggesting that the move could be introduced to conceal ill motives during elections.
"No doubt this is exactly what the IEBC fears; a transparent electoral process that every Kenyan can verify,' Wabowoba Calwo said on X in a post accompanied by a clip where an individual is seen pointing at a screen livestreaming the recently conducted Ol Kalou parliamentary by-election.
"Kenyans must demand nothing less than a free and fair 2027 election," he added, asserting that "transparency is not going to be a favour by anybody, it is a democratic safeguard."
According to another user, banning of real-time live streaming of election results would undermine the integrity of polls and create anxiety among voters.
"If the IEBC fails to livestream the General Election, it will create unnecessary suspicion, undermine transparency and provide fertile ground for claims of electoral malpractice," he posted.
According to Yamine, an X user, live broadcasts of election results keep Kenyans informed. promote transparency, provide a clear picture of the voting process, and help ease tension rather than "fuel uncertainty."
"In real democracies, results are streamed live so every citizen can watch and decide for themselves," posted Yamine.
Alfred Abuya said :"I strongly reject this move. Why will they even imagine doing something like counting votes in the dark? Are they working for someone or independent forces behind the idea?"
However, IEBC has since denied claims that the proposed law seeks to scrap the live transmission of election results, saying they have been misunderstood.
In a statement on Thursday, the Commission said the Bill does not amend Section 44 of the Elections Act, which provides for the Integrated Elections Management System used for Voter registration.
It argued, instead, that the amendment is envisioned to introduce an alternative transmission mechanism for areas without the minimum 3G network required to electronically transmit results.
The Commission further said it will still be required to verify results by comparing the original physical Form 34A with its electronically submitted results.
"The Bill seeks to align the law with the Supreme Court's decision in Presidential Election Petition No 1 of 20217, which affirmed that the election result is one recorded in the statutory Results Declaration Form (Form 34A Series), the primary and final record of the results at the polling station," said the commission.
According to youth activist Allans Ademba who mobilised the "Tuko Kadi" mass voter registration call, the move will erode public trust in the agency.
"If IEBC wants to win the trust of youths, it must ensure credible results. This can only happen if they allow live streaming," he said, adding that "apart from malicious forms which the commission can manage, there was no need to ban it."
Appearing on a local TV show early this week, nominated MP Sabina Chege, said the electoral agency was yet to justify to Kenyans what informed such a decision.
"The IEBC has not provided any justification for mending the live streaming of elections," she said.
Former National Assembly Speaker Justin Muturi has also criticised the proposal, terming it retrogressive and an outright attack on democracy and the rule of law.
"Any proposal from whichever quarter to ban the live streaming of election results is not only unconstitutional and offensive to the principles of open governance, but also a stain on the democratic conscience of the Kenyan people," he said.
He said "Darkness and democracy are not synonymous. Transparency is the life -blood of free, fair and credible elections."
Appearing on Spice Fm morning show on Thursday, Lawyer Ndegwa Njiru said: "Our Constitution is built on the principles of transparency, accountability and the participation of the people. Election results are not the property of the IEBC, they belong to Kenyans.
