By Siruel Moturi
A coalition of electoral reform campaigners has accused Parliament of retaining unconstitutional provisions in the Elections Act, warning that the changes could undermine the credibility of the 2027 General Election.
Led by former Chief Justice David Maraga, the People’s Coalition on Electoral Reforms said the National Assembly had failed to address fundamental weaknesses in the law governing the counting, transmission and declaration of election results.
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Speaking in Nairobi on Monday, Maraga said MPs had dropped proposed amendments to Section 39 of the Elections Act, leaving provisions previously challenged in court over their constitutionality.
The coalition cited the April 7, 2017, High Court decision in the Maina Kiai case, which invalidated provisions relating to the declaration and transmission of election results. The Court of Appeal subsequently upheld the decision.
Maraga argued that retaining the contested legal framework could compromise transparency, impartiality, accuracy, efficiency and accountability in the electoral process.
The coalition’s position contrasts with the National Assembly’s explanation that MPs deliberately removed Clause 22 of the Elections (Amendment) (No. 2) Bill, 2024, to preserve Section 39 and its requirement for the IEBC to establish a mechanism for livestreaming election results.
The House said its decision was informed by a September 22, 2026, High Court judgment that upheld the constitutionality of Section 39 and Regulation 83(2) of the Elections (General) Regulations.
President William Ruto has also dismissed claims that the proposed changes would stop livestreaming of election results, describing the reports as propaganda and fake news.
Speaking at AIC Kasina in Mwingi, Kitui County, on Sunday, October 25, the President questioned why anyone would seek to stop the practice.
“Why would anybody want to stop livestreaming of results? Results is a right of Kenyans,” he said.
However, the Maraga-led coalition wants Parliament to go beyond livestreaming and introduce broader safeguards in the management of elections.
Its proposals include requiring final results to be declared at polling stations, transmitting voter turnout figures hourly and livestreaming constituency-level declarations.
It is also calling for an open national results aggregation system without central servers that could be used to manipulate election results.
Other demands include abolishing the national presidential tallying centre, establishing a credible voter register, adopting constitutionally compliant election technology and making individuals personally accountable for electoral offences.
The coalition, whose other co-convenors include former Attorney-General Justin Muturi and Suba South MP Caroli Omondi, announced plans to present an amendment Bill in both Houses of Parliament.
It will also convene a multi-stakeholder conference within two weeks and launch nationwide civic education on electoral integrity.
The group has declared 288 days of vigilance ahead of the August 2027 General Election, warning that unresolved electoral disputes could once again threaten the country’s political stability.
The Elections (Amendment) Bill, which was passed by the National Assembly with amendments on October 22, is due to return to the Senate for consideration under Article 110(4) of the Constitution.
