Wandayi criticises critics over IEBC livestreaming bill

Energy CS Opiyo Wanndayi. [File, Standard]

Energy Cabinet Secretary Opiyo Wandayi has dismissed claims that Parliament passed a Bill to stop the Independent Electoral and Boundaries Commission (IEBC) from livestreaming election results.

“You know, I have heard people talking about that IEBC Bill, and I can say with certainty that Parliament has not passed any Bill to stop livestreaming,” he said.

According to him, “Those talking about livestreaming should first look for votes. You may want livestreaming, but you have no votes,” he added.

His remarks come amid debate over the Elections (Amendment) (No. 2) Bill, 2024, which the National Assembly passed with amendments on October 22.

The Bill proposes changes to several provisions of the Elections Act ahead of the 2027 General Election. The controversy centres on Clause 22, which, in the version received from the Senate, proposed replacing Section 39 of the Act, which governs the determination and declaration of election results.

The proposed changes raised concerns because the replacement wording did not expressly retain the requirement for IEBC to establish a mechanism for livestreaming results announced at polling stations.

However, the National Assembly deleted Clause 22 after considering public participation and a High Court judgment delivered on September 22, 2026. The House said the decision preserved Section 39 in its existing form, including subsection 39(1G), which provides for livestreaming election results.

The debate had drawn criticism from former Law Society of Kenya president Faith Odhiambo and other figures concerned about electoral transparency. Odhiambo argued that livestreaming results as they are announced at polling stations serves a different purpose from electronically transmitting results to election officials or publishing results forms online.

The National Assembly has maintained that the livestreaming requirement remains intact following its amendments. The issue had also prompted legal debate over the interpretation and history of Section 39, which has been the subject of court proceedings.

The Bill has not completed the legislative process. Following its passage by the National Assembly with amendments, it will return to the Senate for consideration under Article 110(4) of the Constitution.