NAIROBI, Kenya—Senior Counsel and Liberal Democratic Party (LDP) leader James Orengo has threatened court action over proposed changes to Kenya’s electoral laws, warning that any weakening of transparency safeguards could undermine public confidence in the 2027 General Election.
Speaking during an LDP meeting in Golini, Kwale County, Orengo said the party would pursue legal channels to challenge changes it considers a threat to electoral transparency and accountability.
Orengo’s remarks come amid growing debate over the Elections (Amendment) (No. 2) Bill, 2024, particularly provisions governing the determination, transmission and declaration of election results.
Former Law Society of Kenya (LSK) President Faith Odhiambo has also questioned whether the proposed amendments adequately protect the public’s right to scrutinise the announcement of election results at polling stations.
Odhiambo urged Parliament to publish the approved text of the Bill and clarify whether the livestreaming requirement had been retained in the version passed by the National Assembly.
“Kenyans deserve to see how their votes become election results and not simply be told whom to trust,” she said.
She argued that electronically transmitting results to election officials and allowing the public to watch results being announced at polling stations serve different purposes, warning that the two mechanisms should not be treated as interchangeable.
“That is not a ban on livestreaming,” Odhiambo clarified, while calling for an explicit legal guarantee to ensure public access to results announcements.
The controversy centred on Clause 22 of the Bill, which, in the version received from the Senate, proposed replacing Section 39 of the Elections Act without expressly retaining the requirement for the Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for livestreaming results announced at polling stations.
However, the National Assembly subsequently deleted Clause 22, saying the decision preserved Section 39 in its existing form, including the livestreaming requirement under Section 39(1G).
The State Department for Parliamentary Affairs has also maintained that the requirement remains intact following the amendments made by MPs.
Odhiambo cited Article 86 of the Constitution, which requires elections to be transparent, verifiable and accountable, as well as previous court decisions concerning the legal framework governing livestreamed election results.
“The ballot is secret but the count must be open,” she said, arguing that electoral reforms should strengthen public scrutiny rather than leave transparency dependent on institutional discretion.
The Bill is due to return to the Senate for consideration of the National Assembly’s amendments, meaning the legislative process is not yet complete.
Orengo’s threat of legal action adds to scrutiny of the proposed electoral reforms as political and legal leaders debate the safeguards needed to protect the credibility and transparency of the 2027 General Election.
