Salisha Chandra

Kenyans deserve to see how their votes become election results and not simply be told whom to trust. On 22 October 2026, the National Assembly passed the Elections (Amendment) (No. 2) Bill, 2024. Parliament must now publish the approved text and account for its implications for electoral transparency. In the published Bill, Clause 22 replaces section 39 without expressly requiring livestreaming of results announced at polling stations, while retaining electronic transmission and online publication of results forms. That is not a ban on livestreaming. But sending results to election officials and allowing citizens to watch their announcement serve different purposes. Parliament must clarify whether this omission survived the amendments MPs approved. The court history cannot be ignored. On 6 April 2018, in Katiba Institute v Attorney General, the High Court invalidated section 39(1G), which required livestreaming but confined streamed results to public information and excluded them as a basis for declaration. The Court rejected that restriction for undermining electoral transparency and accountability. It did not prohibit livestreaming. The Court of Appeal upheld the invalidation on 6 October 2023 in National Assembly v Katiba Institute. The legislative task is therefore to enact a constitutionally sound obligation and not present an already-invalidated provision as an effective safeguard. Article 86 requires a transparent, verifiable and accountable electoral system, prompt polling-station announcements, and open, accurate collation. Ahead of 2027, 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.