The dispute over whether Parliament has weakened the livestreaming of 2027 election results is now before the High Court. The opposition is preparing its own system for publishing results from every polling station, and Deputy President Kithure Kindiki insists the government has no plan to interfere with the vote.

Petition certified urgent

Advocate John Muremi Njomo has filed a petition at the Milimani High Court seeking to stop Parliament from sending the Elections (Amendment) (No. 2) Bill to the President if it removes the requirement to livestream results. His challenge targets Clause 22 of the Bill. He says that clause threatened transparency by repealing or omitting the livestreaming provision in Section 39 of the Elections Act.

In directions issued on Friday, October 23, Justice David Mburu certified the petition as urgent, Capital FM and The Eastleigh Voice reported. He ordered the petition served within two days and gave the State Law Office, the IEBC and the other respondents seven days to reply. The case will be mentioned on November 2.

Njomo wants conservatory orders preserving the current law until the case is decided. He has also asked that the case be certified under Article 165(4) of the Constitution, which would allow the Chief Justice to appoint a bench of at least three judges.

Government says the clause is gone

The government says the fears are misplaced. In a statement on Saturday, Parliamentary Affairs Principal Secretary Aurelia Rono said the National Assembly had deleted the clause amending Section 39, leaving the livestreaming requirement intact, Citizen Digital reported. Majority Leader Kimani Ichung'wah told Capital FM: "That bill from Senate did not have anything removing live streaming." The Bill now goes back to the Senate.

Speaking in Laikipia West on Monday, Kindiki said the government gained from open elections and would not undermine one. "As a government, we cannot attempt to engage in anything that would make the election opaque," he said, according to The Standard. "This is because we are beneficiaries of an open, free, fair and transparent election."

He also warned politicians against violence. "An election is not a matter of life and death. Leaders come and go," Kindiki said. "All Kenyans, be assured that your democratic choices and decisions will be safeguarded."

Opposition plans its own count

Opposition leaders are not reassured. At Sunday church services in Kirinyaga and Laikipia, they said that if the IEBC is barred from livestreaming they will announce results from every polling station themselves, Citizen Digital reported. They said the system was already being built.

"Kura zitahesabiwa kwa kila kituo cha kupigia kura (votes will be counted at every polling station)," Wiper leader Kalonzo Musyoka said in Kirinyaga. People's Liberation Party leader Martha Karua told party agents to send signed result forms to colleagues as soon as they are filled in. Nyandarua Senator John Methu of the DCP said: "By the time wewe uannounce huko, tutakuwa tumeshajua mshindi ni nani (by the time you announce there, we will already know the winner)."

Former Attorney General Justin Muturi, who leads the Democratic Party, said: "Every vote must count and the only way to do that is to make sure that it is transparent and it is in a manner that is verifiable." Capital FM reported that he wants the Information ministry, the Media Council of Kenya, political parties and the IEBC to agree binding livestreaming rules before the election, citing disruptions at the Bomas of Kenya tallying centre in 2022. "Any restriction must be lawful, necessary and proportionate," he said.

What comes next

The Senate must now consider the National Assembly's amendments. If the two Houses disagree, a mediation committee may be needed. The court will check on November 2 whether the respondents have filed their replies, and the timing could matter if Parliament finalises the Bill before then.

Photos: The Standard; The Eastleigh Voice