The Elections (Amendment) (No. 2) Bill, 2024

A new bill, The Elections (Amendment) (No. 2) Bill, 2024, among other changes, proposed an amendment to Kenyan election law under Clause 22. The Bill aims to overhaul how election results are determined, transmitted, and declared. The Bill seeks to repeal and replace Section 39 of the Elections Act, introducing significant changes that could reshape the role of the Independent Electoral and Boundaries Commission (IEBC) in managing election results.

Key Changes Proposed

The new section emphasizes that election results declared at polling stations will be final. Moreover, it prioritizes the tallying, announcement, and declaration of the presidential election results before results from other elective positions are addressed.

However, the proposed amendments omit several critical provisions that were previously part of Section 39. These omissions could have far-reaching implications for the transparency and integrity of the electoral process:

Discrepancy Resolution Removed

The existing provision that ensures the results accurately tallied, verified, and declared at polling stations prevail over discrepancies between electronically transmitted and physically delivered results has been omitted.

No Impact from Transmission Failures

Another removed provision had ensured that failures in electronic transmission or publication of results would not invalidate the announced and declared results. This safeguard addressed concerns about the reliability of electronic systems and their potential impact on election outcomes.

Removal of Live-Streaming Mechanisms

The Bill also eliminates the requirement for the IEBC to establish a live-streaming mechanism for polling station results. Previously, this provision was designed to enhance public confidence by allowing citizens to monitor the election results in real-time. The effectiveness of the policy has been called to question given that live-stream options on social media means less reliance on mainstream media.

Implications for Electoral Transparency

The proposed changes have sparked debate over their impact on transparency and public trust in the electoral process. Critics argue that removing these provisions could hinder oversight, create confusion, and reduce accountability in the event of disputes.