A petition has been filed at the Milimani High Court seeking to block Parliament from forwarding an election amendment Bill to the President for assent if it contains provisions seeking to scrap the requirement for live-streaming election results announced at polling stations.
The petitioner, lawyer John Muremi Njomo, wants the court to issue conservatory orders restraining the National Assembly and the Senate from presenting the Elections (Amendment) (No. 2) Bill, 2024, also known as Senate Bill No. 29 of 2024, for presidential assent in a form that removes the live-streaming obligation.
Njomo is challenging Clause 22 of the proposed legislation, arguing that any attempt to repeal or omit the requirement under Section 39 of the Elections Act for the Independent Electoral and Boundaries Commission (IEBC) to establish and maintain a mechanism for live-streaming election results announced at polling stations should be halted.
He has asked the court to certify the matter as urgent and issue interim orders to preserve the existing legal position pending an inter partes hearing.
Alternatively, the lawyer wants the court to suspend the operation of Clause 22, as well as any resulting provision of an Act of Parliament, to the extent that it removes the live-streaming requirement.
The petitioner is also seeking orders to ensure that the IEBC continues its planning, procurement and preparations for the August 10, 2027, General Election, as well as any by-elections, on the basis that the live-streaming requirement remains in force.
The Attorney General, the National Assembly and the Senate have been named as respondents in the case, while the IEBC is listed as an interested party.
Njomo has further asked the court to certify the petition as raising substantial questions of law under Article 165(4) of the Constitution.If the request is granted, the Chief Justice could assign an uneven number of judges, not fewer than three, to hear and determine the dispute.
The petition places the proposed amendment to election-result transmission requirements before the court, with the petitioner seeking to preserve the existing legal framework as preparations for the 2027 General Election continue.
