Democratic Party leader Justin Muturi and former Law Society of Kenya President Faith Odhiambo/ HANDOUT

The two have cited constitutional safeguards and past court rulings in questioning the proposed changes under the Elections (Amendment) (No. 2) Bill, 2024, which was passed by the National Assembly on October 22.

The Bill seeks to repeal and replace Section 39 of the Elections Act, which governs the determination, transmission and declaration of election results.

It was introduced through the Senate in 2024 as part of reforms arising from the National Dialogue Committee process. It was passed by the Senate in December that year before being sent to the National Assembly for consideration.

Clause 22 of the Bill proposes a new framework under which results declared at polling stations would be final.

The Independent Electoral and Boundaries Commission (IEBC) would still be required to transmit presidential election results electronically within two hours of their declaration and publish polling-station results forms online.

However, the proposed section does not expressly retain the requirement for the commission to establish a mechanism for live-streaming results as announced at polling stations.

The Bill has not yet become law and awaits presidential assent.

Muturi said the Democratic Party would oppose the proposed changes, describing them as a “draconian legislative proposal” that would weaken electoral transparency and public scrutiny.

“Article 86 of the Constitution demands an electoral system that is accurate, verifiable, secure, accountable and transparent,” he said.

“Kenyans did not fight for multiparty democracy to be subjected to an electoral process shrouded in secrecy.”

Muturi called on Parliament to reject provisions he believes would weaken public access to timely and verifiable election information.

He also warned that restricting transparency could create an information vacuum, fuel misinformation and erode public confidence in electoral institutions.

Odhiambo said Kenyans should be able to follow how votes cast at polling stations become the results eventually declared by the electoral commission.

“Kenyans deserve to see how their votes become election results and not simply be told whom to trust,” she said.

She called on Parliament to publish the approved text and clarify whether the omission of the live-streaming requirement remained in the version passed by MPs.

“That is not a ban on livestreaming. But sending results to election officials and allowing citizens to watch their announcement serve different purposes,” Odhiambo said.

She also cited previous court proceedings over amendments to Section 39 of the Elections Act.