Red alert: Why MPs voted to stop livestreaming of presidential election results

A series of developments aimed at changing how elections are conducted in Kenya in the recent past have attracted public scrutiny, further evoking fears of planned electioneering mischief and misconduct in the 2027 presidential elections.

From yesterday’s passage of a Bill by MPs scrapping IEBC’s requirement to livestream election results at polling stations, to the opposition’s allegations that IEBC lacks transparency in the procurement of the electoral management technology, the developments now threaten to erode public trust ahead of the already high-stakes contest. They also come amid earlier calls for the scrapping of the national tallying centre.

Experts now warn that the attempts by political actors to interfere with the constitutionally provided electoral process could not only discredit the outcome of the 2027 election but also usher in chaos and a deepened mistrust of the State.

 

In a move that renewed scrutiny of gaps in voter protection, accountability of elected leaders and transparency ahead of the 2027polls, the National Assembly on Thursday passed the Election (amendment) Bill (No.2) of 2024, which, among others, contained a proposal to remove the express requirement for IEBC to establish a mechanism for live-streaming results as announced at polling stations.

The Bill, which was introduced at the National Assembly by the leader of the Majority, Kimani Ichung’wah, having originated from the Senate where it got the nod, sought to repeal Section 39 of the Elections Act,2011.

If enacted, it means that Kenyans will no longer have a statutory guarantee that they can watch election results being announced at polling stations in real time, as it will be up to the IEBC, unlike previous years where it was mandatory. However, the electoral agency will still have to adhere to the other provisions of electronic transmission of results to the Constituency tallying centres as well as online publication of the same.

The development has already drawn contestations from the public and the political class, which have termed the move a clawback on decades-old efforts to ensure electoral transparency.

Former LSK president Faith Odhiambo yesterday took Parliament to ask about the Bill, noting that Kenyans deserve to see how their votes become election results and not simply be told whom to trust.

“Parliament should expressly secure public access to live results announcements, and the IEBC must explain how citizens will follow and scrutinise the process. Electoral reform should make every vote easier to verify, not leave transparency dependent on institutional discretion. The ballot is secret but the count must be open,” she stated.

Former Chief Justice David Maraga criticised the Bill, vowing to move to court to stop its implementation.

“The electoral system must be accurate, verifiable, secure, accountable and transparent. No law is superior than our Katiba. I will work with the People’s Coalition for Electoral Reforms to thwart any efforts to return us to the dark era of ECK or the post-election violence of 2007/08,” asserted Maraga.

Former Attorney General and the Democratic Party leader Justin Muturi expressed opposition to the Bill, which he said sought to weaken electoral transparency contrary to Article 86 of the Constitution.

“Kenyans did not fight for multiparty democracy to be subjected to an electoral process shrouded in secrecy. Any attempt to weaken public scrutiny of election results is an affront to the spirit of constitutional democracy and must be resisted through every lawful parliamentary and constitutional avenue,’ said Muturi.

He warned that restricting transparency risks creating an information vacuum, fuelling misinformation and eroding public confidence in electoral institutions.

“The Democratic Party will stand firmly against any rollback of democratic safeguards and will demand clear accountability from those sponsoring or supporting such changes. Democracy must never be sacrificed at the altar of political convenience.”

But during the debate on the Bill on Thursday, lawmakers allied to the broad-based government formation defended the move to do away with the live-streaming requirement. They argued that it was only right to delete Section 39 of the Elections Act, which governs the determination, transmission and declaration of election results, instead of introducing amendments to the same.

They premised their argument on the Kriegler Report released following the 20027/2008 post-election violence, which advised against changing electoral laws at least one year to the general election.

 “First, I support the deletion because it is premised on a court ruling, and all the decisions of the court are part of the law anyway. Secondly, we are just a few months to the general elections, and as advised by the Kriegler report, we do not want to be seen as tinkering with a very important section of the Election laws this close to the polls,” said Wajir East MP Aden Daud.

Leader of the Majority party Kimani Ichung’wah added, “While the report is not law, it would be foolish of us not to take recommendations that were considered by those before us...And we start tinkering with substantive electoral laws this close to the elections, we stand accused.”

Leader of Minority Junet Mohamed also opposed any amendments to the section, warning that a change of laws at this point in time risked sparking chaos.

“Changing electoral laws on the eve of the 2007 election is what brought violence. That is when the electoral commission was constituted in a manner not agreeable to all parties. Those are the things that we want to avoid,” said Junet.

Funyula MP Wilberforce Oundo, however, in return argued that deletion of the live-streaming clause masked the important issue of opaqueness and timeliness in declaration of election results.

“Why would Kenyans wait for eight to ten days to get Presidential results whereas in a place like in America they get results after 8 hours of voting? Posed Oundo.

Ultimately, the House voted to delete the clause providing for live-streaming before the Bill sailed through the third reading. It now goes back to the Senate and then heads for Presidential assent.

The development is, however, not isolated as a peel back of recent events unmasks instances where the opposition has accused the Independent Electoral and Boundaries Commission (IEBC) of a lack of transparency and handling its operations in an opaque manner.

In August, the Democracy for Citizens Party (DCP) leader Rigathi Gachagua raised fresh concerns over the integrity of preparations for the 2027 General Election.

He alleged that the electoral technology procurement process has already been predetermined in favour of South Korean company Miru Systems Company Limited.

Gachagua claimed that IEBC’s ongoing tender for an Integrated Elections Management System (IEMS) was merely a formality intended to give the appearance of a competitive procurement process.

He alleged that the Erastus Edung Ethekon-led commission had already decided that Miru Systems would win the tender before the tender closes.

“You are well aware that what Kenyans do not know is that the tender process and result have already been preconceived and is awaiting rubber stamping to MIRU SYSTEMS CO. LTD of South Korea,” he said.

He further alleged that changes within the IEBC's procurement department were linked to the process, claiming that commissioners had removed the procurement manager and installed an individual he described as a “puppet”.

Gachagua also claimed that senior government officials had held meetings with MIRU Systems and were facilitating access to Kenya's voter registration database for purposes of integrating the proposed system.

He challenged IEBC to publicly explain the safeguards it has put in place to ensure the procurement meets constitutional and statutory requirements.

The Public Procurement Administrative Review Board (PPARB) has since ordered IEBC to revise its tender for a new Integrated Elections Management System, following scrutiny of the bid document issued in August.

Additionally, a section of the opposition, under a coalition dubbed the People’s Coalition on Electoral Reforms, previously demanded the national tallying centre be scrapped in the 2027 General Election, arguing that it is unconstitutional and was where results were altered.

Despite the court upholding the constitutionality of the tallying centre, the group has now lodged a fresh attempt to dismantle the national tallying centre before the National Assembly.