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A proposed Bill seeks to amend Kenya’s elections law by removing the requirement for the Independent Electoral and Boundaries Commission (IEBC) to live-stream presidential results. The Elections (Amendment) Bill 2024, currently before the Senate, aims to repeal Section 39 of the Elections Act, replacing live-streaming with the electronic transmission of results to tallying centers. Currently, the IEBC is mandated to live-stream results from the national tallying center for media access and public broadcast.
“The new section has omitted the provisions providing for the requirement for the IEBC to establish a mechanism for the live-streaming of results as announced at polling stations to facilitate public information,” reads the Bill. The new Bill proposes that results be transmitted electronically within two hours of announcement at polling stations to constituency and national tallying centers, as well as to candidates, agents, and observers. If results are delayed beyond the set timeframe, Returning Officers must provide explanations in a prescribed format.
Additionally, Returning Officers must physically deliver the tabulated results to the constituency and national tallying centers. Under the new Bill, Kenyans would access digital images of Form 34A, containing polling station results, from the IEBC portal to assess the outcome themselves. The Bill also removes provisions addressing discrepancies between electronically transmitted and physically delivered results and eliminates a clause that previously stated that failure to transmit results electronically would not invalidate the declared outcome.
Sponsored by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, the Bill stems from the National Dialogue Committee (NADCO), which was formed to address political tensions after protests following the 2022 presidential election..
