The Independent Electoral and Boundaries Commission (IEBC) will live-stream the final results to Kenyans in the forthcoming General Election if an amendment by lawmakers sails through Parliament.
In their report on the Elections (Amendment Bill), 2022, the National Assembly’s Justice and Legal Affairs Committee shot down IEBC’s proposal to have the requirement for live-streaming of results struck out.
The Wafula Chebukati-led polls agency had sought to have Section 39 (1G) – which mandated them to live-stream results – scrapped. The section in question had already been declared unconstitutional by a court of law.
The Kangema MP Muturi Kigano-led JLAC reintroduced the provision in a different section, arguing that it was unlawful for the IEBC not to live-stream election results.
“The commission shall establish the live-streaming of results as announced at polling stations,” the amendment by JLAC reads.
This means that the results that the IEBC will live-stream will be final, as the finality of the results is determined at the polling stations.
JLAC said their decision is in line with a court ruling that mandates the live-streaming of results.
“The Judge stated that "If the intention of the legislature was that results streamed live from the primary source should not matter when it comes to the final tally, why should the country invest heavily in technology as provided for in section 44 of the Act… Citizens should be able to compare the live transmitted results with the final declared results to confirm the accuracy of the election results,” the committee observed
The controversial law will apply in the August 9 election if it gets the nod of MPs.