A proposal which greeted Kenyans with shock on a Monday morning, November 25 seeks to bar IEBC from live-streaming presidential election results, a moment which has tested the mettle of the country’s main electoral body.
There’s no election period in Kenya that does not have squeaky-bum, tension moments, a matter enhanced by enhancements of technology. In the past three elections or so, the livestreaming of presidential election results by the Independent Electoral and Boundaries Commission (IEBC) has kept Kenyans glued to TV screens and online platforms with each passing hour.
However, a proposal which greeted Kenyans with shock on a Monday morning, November 25 seeks to bar IEBC from live-streaming presidential election results, a moment which has tested the mettle of the country’s main electoral body.
This is according to the Elections (Amendment) Bill, 2024, which seeks to formalise the proposals submitted by the National Dialogue Committee (NADCO) on issues pertaining to electoral matters. Formed in 2023, NADCO was a bipartisan team formed following the political standoff between the opposition and the government. The Committee proposed several amendments to the Constitution.
In the Bill tabled in the Senate by Majority Leader Aaron Cheruiyot and his minority counterpart Stewart Madzayo, there are proposals are made to amend Section 39 of the current Elections Act which required IEBC to livestream the results as announced in the polling stations.
“The Commission shall, to facilitate public information, establish a mechanism for the live-streaming of results as announced at polling stations, and the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission,” reads the Act in part.
A view of Parliament Buildings in Nairobi. /MARVIN CHEGE.VIRAL TEA KE
As stipulated under Section 39 of the Elections Act, IEBC is required to livestream results for public information purposes. If the amendment is passed, IEBC will be stripped of that responsibility. “The new section proposes that results at the polling station shall be final, and the presidential election shall be tallied, announced and declared and electronically transmitted before all other elective positions,” read the Bill in part.
“Further, the new section has omitted provisions providing for the requirement for IEBC to establish a mechanism for the live streaming of results as announced at polling stations to facilitate public information.”
Issues Raised
However, Esther Nyonje, a Millenial Political Risk Analyst, believes that this proposal could be retrogressive for a democratic state such as Kenya, especially with the rise of digital media and technology which have become instrumental in promoting citizens’ rights to freedom of expression and participation in civic processes.
Nyonje, who spoke to Viral Tea, revealed that curtailing these rights raises suspicions about the intention of the proposers of the clause, particularly with the upcoming hotly contested 2027 elections.
“In this digital democratic era, Kenya should be considering exploiting all the channels to strengthen transparency in electoral processes at all stages, rather than emulate restrictive measures as seen with our neighbours like Uganda when they shut down their internet during elections and campaign periods,” she explained why Kenya should take advantage of emerging technology trends to improve election processes going forward.
“The country should draw lessons from stable democracies like the United States, where transparent voting systems have built trust in electoral processes, for instance in the just concluded US presidential elections, where the whole world could follow through what was happening.”
Elections are a highly sensitive matter if we were to take a look at Kenya’s political history. This means that every single activity at every stage from campaigns to voting day carries definitive moments that have elevated and broken presidential candidates as well as the candidacy of those seeking elective positions.
Nyonje believes that it is only right that any proposed amendments or bills on elections centre on enhancing transparency and accountability in the electoral process.
“We are looking toward the future of electronic voting and more efficient electoral systems, proposals that undermine technological advancements and democratic engagement risk taking the nation several steps backwards.
“The question remains: does this move align with the principles of progress, or does it signal a pullback from the democratic goals Kenya strives to achieve?” she poses.
Worth Noting
A September 1, 2017 ruling by the Supreme Court that threw away the August 8, 2017 general elections put the IEBC in a dilemma in the 2022 polls amidst Kenyans’ demands to have it live-stream the presidential election results as transmitted to the national tallying centre at the Bomas of Kenya.
Before the judgement, the commission had provided real-time presidential results as they were announced in polling stations across the country. In nullifying the results, the apex court directed the IEBC to conduct fresh general elections in 60 days, while in adherence to the orders.
Ongoing verification process at the Bomas of Kenya during the 2022 general elections. /MARTIN WACHIRA.TWITTER
In compliance with the judgement, the IEBC uploaded the results captured in Form 34As in its live portal which Kenyans and media houses used to tally results from 46,229 polling stations across the country.
In the 2016 petition by Maina Kiai, a former chairman of the Kenya National Commission on Human Rights, the Court of Appeal determined that presidential election results at the constituency level as contained in forms 34A are final and the IEBC cannot alter them for whatever reason.
This, therefore, meant that Kenyans were not able to tell the polling stations yet to submit or transmit presidential results, which pointed to potential irregularities as they could not spot and understand why a polling station was taking more time to transmit results when neighbouring ones did so.
Other Proposals in Election Results
The amendment of section 39 also omits the subsection that outlines what happens when there are discrepancies between the electronically transmitted results and those announced at the polling station.
“Further, the new section has omitted provisions providing for – where there is a discrepancy between the electronically transmitted and the physically delivered results the result which is an accurate record of the results tallied, verified and declared at the respective polling station shall prevail,” the Bill read in part, adding “Any failure to transmit or publish the election results in an electronic format shall not invalidate the result as announced and declared.”
The Bill required election officials to electronically transmit presidential results within two hours of the declaration of the results at the polling station and the constituency tallying centres.
The bill also proposed an audit of the register of voters by a reputable firm to ascertain the number of valid voters. The IEBC will also be required to develop a complementary mechanism that identifies voters. In instances, where critical electoral information is required, the IEBC will provide the information within three days in case of a presidential elections and within seven days in the case of other elective positions.
Parliament will also appoint an independent firm to evaluate the electoral process after a general election is held if the bill is approved. “The evaluation shall include a review of the legal framework, processes and costs associated with the electoral process. The proposed new provisions require the preparation of a report for submission to Parliament within ninety days of the appointment of the independent firm,” the bill reads in part.
How far is the Bill in the Senate?: The Bill is currently before the Committee of the Whole Stage at the Senate with Senators expected to make various amendments to the proposals.
Former IEBC chairman, Wafula Chebukati, during a past media briefing. /TWITTER