Aldai Member of Parliament Marianne Kitany has provided a detailed explanation regarding why lawmakers deleted a controversial Senate amendment to the election results livestreaming provision in the Elections (Amendment) Bill.
Speaking on October 26, 2026, Kitany clarified that the National Assembly rejected the proposed changes to Section 39(1G) of the Elections Act in order to align the legislative framework with a recent landmark High Court ruling.
She emphasized that lawmakers were bound to respect judicial determinations affirming the constitutionality of existing transmission protocols rather than introducing conflicting statutory amendments passed by the Senate.
The controversial proposal had sparked intense public debate and criticism from opposition leaders, civil society organizations, and electoral watchdogs over concerns that altering Section 39 would weaken public access to real-time polling station results during the 2027 General Election.
Addressing these concerns, Kitany explained that a September 22, 2026, High Court decision explicitly upheld Section 39 and Section 39(1G) as constitutional mechanisms governing the determination, declaration, and public livestreaming of election outcomes.
Consequently, the National Assembly opted to delete the Senate’s proposed modifications to ensure existing statutory guarantees for transparency remained fully intact.
By deleting the disputed clause, Parliament reaffirmed that the legal obligation requiring the Independent Electoral and Boundaries Commission (IEBC) to establish secure, accessible mechanisms for livestreaming polling station results stands preserved under current law.
Legislative analysts observe that the decision effectively resolves a major legal impasse between the two houses of Parliament while reassuring the public regarding electoral accountability.
As preparations for upcoming general elections intensify, Kitany’s clarification highlights Parliament’s commitment to adhering to constitutional standards and safeguarding public confidence in the integrity of Kenya’s electoral processes.