The Independent Electoral and Boundaries Commission has issued a strong warning to voters and political actors against taking photos or recording videos inside polling booths, saying the practice is illegal and punishable by imprisonment or a heavy fine.
In a public notice issued ahead of the Thursday by-elections in Narok, Samburu and Elgeyo Marakwet counties, the commission stressed that the secrecy and sanctity of the vote must be strictly protected at all times.
“DO NOT take photos or record videos in the polling booth. The secrecy and sanctity of the vote must be preserved at all times,” the commission said.
IEBC said photography and video recording inside polling stations is strictly prohibited and constitutes an election offence under Section 7(3)(e) of the Election Offences Act, No. 37 of 2016.
The law provides that any person attending election-related proceedings who, without lawful excuse, captures an image of a marked ballot for purposes of financial gain or to show political allegiance commits an offence.
The commission further warned that offenders risk severe penalties, including a fine not exceeding Sh1 million, imprisonment for a term not exceeding three years, or both.
Election officials have in past polls raised concerns over the growing use of mobile phones inside polling booths, particularly by political agents seeking to verify voter choices or document turnout trends.
The warning comes as the country prepares for by-elections in Emurua Dikirr Constituency, Porro Ward and Endo Ward, which have attracted heightened political attention ahead of the 2027 General Election.
The IEBC said it remains committed to safeguarding voter privacy, noting that the integrity of the ballot depends on strict enforcement of electoral laws and voter discipline.
The commission has also urged presiding officers and security personnel to enforce the ban without exception, warning that any breach would attract legal consequences.
The by-elections are expected to test both voter turnout and the commission’s enforcement capacity as it seeks to restore public confidence in Kenya’s electoral process.
