The Independent Electoral and Boundaries Commission (IEBC) has warned voters in the upcoming Ol Kalou parliamentary by-election against photographing their marked ballot papers, saying the act is illegal and could attract a fine of up to KSh 1 million or a jail term of up to three years.
Speaking ahead of the by-election, IEBC Chairperson Erastus Ethekon said the Commission had previously encountered cases where voters took pictures of their ballots and circulated them online after casting their votes.
He said the practice undermines the secrecy and integrity of the electoral process, which is designed to protect voters from intimidation, coercion, and undue influence.
Secrecy of the Vote Is Protected by Law
Ethekon reminded voters that elections in Kenya are conducted through a secret ballot system and that revealing a marked ballot defeats the purpose of that protection.
“Once you mark your ballot and select the candidate you want to vote for, please do not take a picture of it. The sanctity and secrecy of the vote require that it remains secret,” he said.
He cited Section 7 of the Election Offences Act, which prohibits any person from disclosing how they voted by photographing or publicly displaying a marked ballot paper.
Violators Face Fine or Jail Term
The IEBC chairperson warned that anyone found guilty of the offence can be prosecuted and, upon conviction, fined up to KSh 1 million.
In addition to the monetary penalty, offenders may also face imprisonment for a term not exceeding three years.
“This matter is very serious. A person can be jailed for a simple act of taking a picture of their vote, whether to show allegiance to a candidate or for some other benefit,” Ethekon said.
Appeal to Voters Ahead of By-Election
Ethekon urged residents of Ol Kalou to comply with electoral laws and help preserve public confidence in the voting process.
He noted that the Commission remains committed to conducting a free, fair, and credible by-election, but that voters also have a responsibility to respect the rules governing elections.
“We do not know what motivates people to expose who they voted for, but it is discouraged, prohibited, and against the law,” he said.
