Former Law Society of Kenya (LSK) President Faith Odhiambo has raised concerns over proposed changes to Kenya’s election laws that could remove the legal requirement for live-streaming results announced at polling stations ahead of the 2027 General Election.
In a statement issued on Friday, October 23, 2026, Odhiambo urged Parliament to publish the final version of the Elections (Amendment) (No. 2) Bill, 2024, and clarify whether the requirement for live-streaming election results had been removed.
The National Assembly passed the Bill on Thursday, October 22, 2026, according to People Daily Digital.
Odhiambo argued that Kenyans should be able to follow how votes cast at polling stations translate into officially declared election results.
“Kenyans deserve to see how their votes become election results and not simply be told whom to trust,” she said.
Why Faith Odhiambo Is Concerned
Odhiambo pointed to Clause 22 of the Bill, which proposes replacing Section 39 of the Elections Act.
She noted that the proposed wording retains provisions for electronic transmission and online publication of election results forms but does not expressly require the Independent Electoral and Boundaries Commission (IEBC) to livestream results as they are announced at polling stations.
However, she cautioned that the omission should not automatically be interpreted as a complete ban on live-streaming.
“That is not a ban on livestreaming. But sending results to election officials and allowing citizens to watch their announcement serve different purposes,” she said.
The distinction is important because electronic transmission involves sending results through the electoral system, while live-streaming allows the public to watch the announcement as it happens.
Publishing completed results forms online also provides a way for citizens, journalists and election observers to examine and compare figures after they are recorded.
Court Rulings on Live-Streaming
Odhiambo also referred to previous court decisions concerning the legal framework for live-streaming election results.
On April 6, 2018, the High Court ruled against a provision that required live-streamed results to be treated only as public information and prevented them from forming the basis for declaring election outcomes.
The Court of Appeal upheld the decision on October 6, 2023.
According to Odhiambo, the rulings did not prohibit live-streaming itself. Instead, they challenged restrictions that undermined the legal significance of results streamed from polling stations.
She argued that Parliament should address the legal issues while maintaining safeguards that allow the public to scrutinise the electoral process.
What the Proposed Changes Mean for 2027
The proposed amendments retain provisions requiring the IEBC to publish polling-station results forms through an online public portal. They also provide for electronic transmission and verification of results.
However, removing the express legal requirement for live-streaming would mean the replacement section no longer specifically obliges the commission to broadcast polling-station announcements in real time.
Odhiambo called on Parliament and the IEBC to clarify how Kenyans will access and verify results during the 2027 elections.
Article 86 of the Constitution requires the IEBC to conduct elections transparently and ensure that results are promptly announced at polling stations and accurately collated.
The debate over the Bill therefore centres on how electoral laws can protect public access to information while ensuring that results remain verifiable throughout the tallying process.
As preparations for the 2027 General Election continue, the final wording of the legislation and the IEBC’s implementation of the results-management system will be important in determining how the public follows the announcement of election results.