Faith Odhiambo Warns of Possible Livestreaming Ban for 2027 Election

Former Law Society of Kenya president Faith Odhiambo issued a statement on Friday October 23, 2026 urging Parliament to release the final text of the Elections (Amendment) (No. 2) Bill, 2024 that the National Assembly passed on Thursday October 22, 2026, and to confirm whether the legislation still mandates livestreaming of polling-station results.

Odhiambo highlighted that Clause 22 of the published draft replaces Section 39 of the Elections Act but does not explicitly require the live broadcast of results announced at polling stations, although it retains provisions for electronic transmission and online publication of results forms.

She cautioned that the absence of an explicit livestreaming clause should not be interpreted as a prohibition, insisting that Parliament must clarify the status of the requirement in the enacted law. “Kenyans deserve to see how their votes become election results and not simply be told whom to trust,” she said.

Odhiambo added that the omission does not constitute a ban, noting that “sending results to election officials and allowing citizens to watch their announcement serve different purposes.” She called for a clear legislative provision that distinguishes the two functions.

The former LSK president referred to the High Court judgment of April 6, 2018 in Katiba Institute v Attorney General, which struck down Section 39(1G) of the Elections Act because it limited livestreamed information to public use and excluded it from the basis of declaring results. The Court of Appeal upheld that decision on October 6, 2023 in National Assembly v Katiba Institute.

According to Odhiambo, those rulings did not forbid livestreaming but rejected a framework that restricted the role of streamed results, and she urged lawmakers to craft a constitutionally sound requirement rather than rely on a provision already invalidated by the courts.

She invoked Article 86 of the Constitution, which obliges the Independent Electoral and Boundaries Commission to conduct elections in a transparent, verifiable and accountable manner, with prompt announcements at polling stations and accurate collation of results. Odhiambo asked the commission to explain how voters will be able to follow and verify the counting process ahead of the 2027 General Election.

Democratic Party leader Justin Muturi also voiced opposition to the proposed removal, describing the change as a “draconian legislative proposal” that would undermine transparency. He stressed that Article 86 demands an electoral system that is open and accountable.

Odhiambo concluded by reiterating that “the ballot is secret but the count must be open,” and called on Parliament to publish the approved bill text and resolve the livestreaming question before the next election.