NAIROBI, Kenya — The Independent Electoral and Boundaries Commission (IEBC) has issued a firm public notice prohibiting photography and video recording inside polling booths, reinforcing strict measures aimed at protecting ballot secrecy during elections.
In its directive, the Commission emphasized that the integrity and confidentiality of the voting process must be upheld at all times, warning voters, observers, and election officials against any form of visual recording within the booth.
“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 IEBC further stressed that capturing images or recording videos inside polling stations is strictly prohibited and constitutes an electoral offence under Kenyan law.
“Photography and Video Recording is strictly PROHIBITED in the POLLING BOOTH.”
The Commission cited Section 7(3)(e) of the Election Offences Act, No. 37 of 2016, which criminalises the unauthorised capture of marked ballots under specific circumstances.
According to the law, any person attending election proceedings who records a marked ballot without lawful justification, particularly for financial gain or to demonstrate political allegiance, is committing an offence.
Section 7(3)(e) of the Election Offences Act states that a person attending any proceedings relating to an election who, without lawful excuse, captures an image of any marked ballot for purposes of financial gain or for showing allegiance, commits an offence.
The IEBC warned that offenders risk severe legal consequences, including substantial fines and imprisonment.
The offence is punishable by: a fine not exceeding KSh 1 million, or imprisonment for a term not exceeding 3 years, or both.
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The directive underscores growing concerns among electoral authorities globally about the misuse of mobile phones in polling stations, particularly the rise of “ballot selfies” and real-time social media documentation that can compromise voter secrecy.
Electoral experts note that while digital transparency has increased civic engagement, strict polling booth controls remain essential to prevent voter intimidation, vote-buying evidence trails, or undue influence.
Kenya joins a number of democracies that enforce strict no-recording rules inside voting booths as part of international best practice on electoral integrity.
The IEBC’s directive reinforces a clear legal boundary: voting is a private act, and its confidentiality is protected by law. Any breach may attract criminal liability, regardless of intent.
