Murugara said those reports were misleading, arguing that Parliament had instead acted to protect the existing provision in line with the court's direction

JLAC chairperson Gitonga Murugara/COURTESY

The National Assembly has dismissed reports that it removed the requirement for livestreaming election results ahead of the 2027 General Election, insisting that recent amendments to the Elections Act preserved the provision.

Justice and Legal Affairs Committee (JLAC) chairman Gitonga Murugara said Parliament had retained Section 39 of the Elections Act, including the requirement for the Independent Electoral and Boundaries Commission (IEBC) to livestream results announced at polling stations.

Murugara, who addressed the media at Parliament Buildings Tuesday, said the decision followed a September 22, 2026 High Court judgment that upheld the constitutionality of Section 39 of the Elections Act and Regulation 83(2) of the Elections (General) Regulations, 2012.

He said the National Assembly had deleted Clause 22 of the Elections (Amendments) (No.2) Bill, Senate Bill No. 29 of 2024, during consideration of the legislation on October 22 to avoid altering the existing legal provisions.

“Cognizant of the guidance of the High Court, the National Assembly deleted Clause 22 of the Senate Bill to ensure retention of Section 39 as it currently is in the Elections Act and to also retain the requirement for livestreaming,” Murugara said.

The Tharaka MP explained that Clause 22 had sought to amend Section 39 but did not adequately address the issue of livestreaming, prompting MPs to remove it and preserve the existing law.

He said the High Court had specifically cautioned Parliament to have regard to the construction of Section 39 when finalising amendments to electoral laws ahead of the 2027 elections.

The controversy over livestreaming emerged after the National Assembly amended the Senate Bill, with reports suggesting that the changes had effectively removed the requirement for live transmission of results.

He, however, clarified that livestreaming was intended to provide information to the public and should not be confused with the formal declaration of election results, which is based on the physical results forms.

The provision on livestreaming was introduced following the Supreme Court's nullification of the 2017 presidential election. Parliament subsequently amended the Elections Act by introducing Section 39(1G), requiring IEBC to establish a mechanism for livestreaming results announced at polling stations for public information.

However, on April 6, 2018, the High Court declared parts of the Elections Act, including Section 39(1G), unconstitutional following a petition by Katiba Institute and three others.

The court supported the principle of livestreaming but faulted the disclaimer that streamed results were only for public information and could not form the basis of a declaration.

The Court of Appeal upheld the decision in 2023, before subsequent litigation returned the question to the courts.

In the September 22, 2026 ruling, arising from a petition filed by Busia Senator Okiya Omtatah and others, the High Court upheld the constitutionality of Section 39 and Regulation 83(2).

Murugara said Parliament had taken the judgment into account when handling the amendments, insisting that the law requiring livestreaming remained intact.

He said the distinction between livestreaming for public information and the official declaration of results was important in understanding the legal framework governing the transmission and announcement of election results.

The clarification comes as debate over electoral transparency and the management of results intensifies ahead of the 2027 General Election.