NAIROBI, Kenya — The Independent Electoral and Boundaries Commission (IEBC) has warned voters in Ol Kalou Constituency against taking mobile phones into polling booths to photograph marked ballot papers during Thursday’s parliamentary by-election, saying the practice is illegal and could result in hefty fines or imprisonment.
IEBC Chairperson Erastus Edung Ethekon issued the warning on the eve of the by-election, urging voters to respect the secrecy of the ballot and comply with Kenya’s electoral laws.
Speaking during a press briefing, Ethekon said the commission had previously observed cases where voters photographed their marked ballot papers and shared the images on social media, compromising the integrity of the secret ballot.
“We saw individuals took pictures of marked ballots and circulated them on social media,” Ethekon said.
“We wish to remind Kenyans and voters of Ol Kalou, please do not take a picture of your ballot once you mark it, once you select the person you want to be your MP.”
The IEBC chairperson emphasised that the secrecy of the vote is a cornerstone of Kenya’s electoral system and that every voter has a responsibility to keep their choice confidential.
He said allowing voters to cast their ballots in secret would lose its meaning if individuals later disclosed their choices by sharing photographs of their marked ballot papers.
“The sanctity and secrecy of the vote requires that you keep it secret. That is why it is very important that we facilitate you to vote by way of secret ballot. It will defeat the purpose if you again make that ballot public,” he said.
Ethekon warned that photographing a marked ballot paper is an offence under Section 7 of the Elections Offences Act, which prohibits the disclosure of how a person has voted.
He said anyone found guilty could face a fine of up to Sh1 million, imprisonment for a term not exceeding three years, or both.
“We need to tell Kenyans that this matter is very serious. Besides that Sh1 million, the offending party can also be imprisoned for a term not exceeding three years, for a simple act of taking a picture of your vote,” he said.
The IEBC boss noted that some voters may be tempted to photograph their ballots to prove support for a particular candidate or for other personal reasons, but stressed that the law does not permit such conduct.
The warning comes as Ol Kalou Constituency heads to the polls to elect a new Member of Parliament in a closely watched by-election that has attracted national political interest ahead of the 2027 General Election.
The contest is being viewed as an early indicator of the political strength of major parties in the Mt Kenya region, with campaigns largely centred on infrastructure development, job creation, agriculture, education and healthcare.