Former Law Society of Kenya (LSK) President Faith Odhiambo has called on Parliament to clarify whether live streaming of polling station results announcements will be guaranteed under the latest electoral reforms ahead of the 2027 General Election.
In a social media post, Odhiambo urged Parliament to publish the approved text of the Elections (Amendment) (No. 2) Bill, 2024, and explain its implications for electoral transparency after the National Assembly passed the Bill on October 22, 2026.
She raised concerns over Clause 22 of the published Bill, which replaces Section 39 of the Elections Act without expressly requiring the livestreaming of results announced at polling stations, despite retaining provisions for electronic transmission and online publication of results forms.
Odhiambo, however, clarified that the omission does not amount to a ban on livestreaming, but argued that transmitting results to election officials is different from allowing the public to watch their announcement in real time.
“That is not a ban on livestreaming. But sending results to election officials and allowing citizens to watch their announcement serve different purposes,” she stated.
She challenged Parliament to clarify whether the omission remained in the final version of the legislation approved by MPs, arguing that Kenyans should be able to scrutinise the electoral process rather than rely solely on assurances from institutions.
The former LSK president also cited previous court rulings on the livestreaming of election results, recalling that the High Court, on April 6, 2018, invalidated Section 39(1G), which required livestreaming but restricted the streamed results to public information and barred their use as a basis for declaring election outcomes.
According to Odhiambo, the court found that the restriction undermined electoral transparency and accountability. The Court of Appeal subsequently upheld the invalidation on October 6, 2023, in the case of National Assembly v Katiba Institute.
She maintained that Parliament should establish a constitutionally sound legal obligation for public access to results announcements instead of relying on a provision that had already been invalidated by the courts.
Odhiambo further invoked Article 86 of the Constitution, which requires the electoral system to be transparent, accurate, verifiable and accountable, with prompt announcements at polling stations and open collation of results.
With the 2027 General Election approaching, she urged Parliament to expressly guarantee public access to live results announcements and called on the Independent Electoral and Boundaries Commission (IEBC) to explain how voters will monitor and scrutinise the process.
“Electoral reform should make every vote easier to verify, not leave transparency dependent on institutional discretion,” she said.
She concluded by emphasising the need for openness in vote counting, stating: “The ballot is secret but the count must be open.”
