The Independent Electoral and Boundaries Commission (IEBC) has warned voters in Ol Kalou Constituency that taking photographs of marked ballot papers during the upcoming by-election is an offence punishable by law.
Speaking during a multi-agency security meeting on Tuesday, July 14, 2026, ahead of the parliamentary by-election scheduled for Thursday, July 16, 2026, IEBC Chairperson Erastus Ethekon urged voters to respect the secrecy of the ballot.
He said the commission had previously witnessed an incident where a voter took a photograph of a marked ballot paper and shared it on social media, an act he said violates the Elections Offences Act.
“We wish to remind Kenyans, and indeed the voters of Ol Kalou, that you should not take a picture of your ballot paper once you have marked it. Once you have selected the person you want to be your Member of Parliament, the sanctity and secrecy of the vote require that it remain secret,” Ethekon said.
Ethekon explained that Kenya’s electoral system is founded on the principle of a secret ballot, adding that taking photographs of marked ballot papers undermines the integrity of the voting process.
“That is why we must facilitate voting by secret ballot. It defeats the purpose if you expose your marked ballot paper,” he added.
The IEBC chairperson cited Section 7 of the Elections Offences Act, saying anyone found taking photographs of a marked ballot paper commits an electoral offence and risks prosecution.
“It is against Section 7 of the Elections Offences Act. If you are found guilty, you may be fined up to Ksh1 million. Besides that, the offending party may also be sentenced to a prison term of up to three years,” he warned.
Ethekon said the law applies regardless of whether a voter takes the photograph to demonstrate loyalty to a candidate, claim a reward, or for any other reason.
Security agencies assigned to the by-election said they will work hand in hand with presiding officers and polling clerks to enforce the rule. Over 1,000 police officers have already been deployed across Ol Kalou to provide security before, during, and after polling day. At polling stations, officers have been instructed to ensure mobile phones are not used to take pictures within the voting area. Voters may be required to surrender phones to polling officials or keep them in designated areas before proceeding to the booth.
IEBC also cautioned candidates, party agents, and observers. While agents are allowed to observe the voting and counting process, they are barred from using phones or cameras in a way that captures how voters are marking their ballots. The Commission said any agent found violating the directive will be ejected from the polling station and could face legal action.
The warning comes as the race for the Ol Kalou parliamentary seat intensifies. The seat became vacant following the death of the area MP, and several candidates are on the ballot.
IEBC said logistical preparations for the by-election are complete. Polling staff have been trained and materials including ballot papers, ballot boxes, and the voter register have been distributed. The Commission urged voters to arrive at their polling stations early, follow instructions from officials, and to seek clarification if unsure about any procedure.
