Eddy Oketch: Live poll results key to building public trust

Livestreaming means making results announced at individual polling stations visible to the public as they are declared. Electronic transmission involves sending results through the electoral system for tallying and declaration. [Istock Photos]

As debate over electoral reforms continues, Migori Senator Eddie Oketch discusses proposals to livestream polling station results, the challenges facing IEBC and safeguards needed to ensure credibility.

When the Elections Amendment Act was proposed in 2024, what exactly was it seeking to fix or change?

The counting, transmission and streaming of election results are addressed under Section 39 of the Elections Act, 2011. It outlines the role of constituency tallying centres and how results move from polling stations to the national tallying centre. It also provides for resolving discrepancies, with original polling station results serving as the reference where transmitted figures differ from those presented during declaration. However, public debate over the proposed amendments has largely overlooked this context. However, Section 39(1G) required IEBC to establish a mechanism for livestreaming results as announced at polling stations, while stipulating that the livestreamed results would be for public information only and would not form the basis of the Commission’s declaration.

So, if the problem was the restriction on using livestreamed results in declaring election outcomes, why didn’t Parliament simply remove that provision and retain the livestreaming requirement?

At constituency level, results from individual polling stations are aggregated, with the constituency returning officer responsible for tallying, announcing and declaring results for elections within the constituency. Presidential results are transmitted electronically and physically through the prescribed structures to the constituency and national tallying centres. However, we have not implemented livestreaming as envisaged under Section 39(1G). What we have largely experienced is electronic transmission of results from tallying centres. These are two different processes.

Many Kenyans believe that when results appear online during elections, they are watching them being livestreamed. What is the difference?

Livestreaming means making results announced at individual polling stations visible to the public as they are declared. Electronic transmission involves sending results through the electoral system for tallying and declaration. Transmitting aggregated results from constituency centres is administratively easier. However, livestreaming from all 290 constituencies’ polling station networks requires substantial infrastructure, personnel, connectivity and technical capacity. IEBC must therefore establish a practical mechanism that can work across the country.

Why did the Senate not retain the livestreaming requirement and simply remove the problematic wording?

The Senate was considering recommendations arising from the National Dialogue Committee (NADCO) process. These were not ordinary legislative proposals originating from individual members of Parliament. They emerged from a consultative political dialogue involving different stakeholders, with the aim of building consensus on electoral and governance reforms. Parliament was therefore considering the proposals within that broader agreement.

What was the original intention behind restricting livestreamed results to public information only?

The intention may have been to prevent information shared with the public from being treated as a final declaration before the verification process was complete. However, if people are shown results and then told that they are merely for information, they will naturally question the purpose of livestreaming. We need a system.

If results are announced at the polling station and recorded in official forms, why should there be uncertainty later?

The original polling station records must be preserved for verification. They provide the basis for checking figures transmitted through the electoral system. Section 39 outlines the tallying and transmission process and provides for resolving discrepancies. Livestreaming would allow the public to follow results as they are announced, rather than waiting for aggregated figures from constituency tallying centres. We must distinguish between livestreaming and electronic transmission.

IEBC commissioners at the National Tallying Centre in Bomas of Kenya, Nairobi, Kenya, Aug. 14, 2022. [VOA]

Has IEBC failed to implement a requirement that has been in the law for years?

IEBC must establish a mechanism that works nationwide. This requires technology, personnel, equipment, connectivity and clear regulations. There are also questions about authentication and ensuring that livestreamed information corresponds with official polling station results. The system must work in both urban and rural areas, including those with limited connectivity.

How would your proposal allowing political party and candidates’ agents to livestream events at polling stations work?

Party and candidates’ agents already observe proceedings at polling stations. They could also be allowed to livestream results announcements as an interim measure while IEBC develops an official system. This would improve public access to information, subject to clear rules and safeguards.

Could allowing political agents to livestream results create confusion or conflicting information?

There must be clear standards governing access, conduct, authenticity and the use of recordings. IEBC must retain responsibility for administering elections. Agents should complement the Commission’s work by improving transparency, not act as alternative electoral authorities.

Why should Kenyans not interpret these changes as political interference with the electoral framework?

The discussions did not begin in the Senate. Court decisions and NADCO recommendations provided the context for the proposed amendments. Electoral laws must also respond to constitutional concerns and practical challenges. However, all amendments must undergo proper parliamentary scrutiny and public participation.

What specifically needs to be addressed when the Bill returns to the Senate?

We must establish how polling station livestreaming will work, how information will be authenticated, how results will be preserved and how discrepancies will be resolved. We must also ensure polling station results can be traced through constituency tallying to the national declaration. Livestreaming must provide meaningful transparency, not simply display information disconnected from the final outcome.

Should Kenya livestream election results?

Kenya has an opportunity to develop a practical system that strengthens transparency and public confidence. This means making results announced at individual polling stations visible to the public, rather than merely transmitting aggregated figures. It requires proper planning, infrastructure and clear regulations, and consideration of the role of agents.