The Media Council of Kenya (MCK) has warned media houses, journalists and digital content creators against conducting or publishing unauthorised opinion polls in the lead-up to the November 27, 2025, by-elections, saying the practice is illegal and risks misleading the public.
In a media advisory issued on Sunday, the Council said it had observed a rise in “unscientific and unauthorised election-related opinion polls,” commonly referred to as voodoo polls, circulating on broadcast and online platforms.
MCK stressed that such polls violate the Publication of Electoral Opinion Polls Act, 2012, which restricts the publication of election poll results during a legally defined period.
The advisory quotes the Act, stating: “A person shall not publish the results of any electoral opinion poll on the day of the election or during the period of five days immediately preceding the date of the election.”
According to the Council, these instant polls, often conducted through call-ins, SMS prompts, livestreams or social media reactions, do not meet professional or legal standards.
They also run contrary to the MCK Election Reporting Guidelines, which require journalists to avoid circulating misleading data and to ensure that all public-facing information meets ethical thresholds.
The advisory notes that the Guidelines explicitly apply to social media polls, live broadcasts, phone-ins, and talk shows, and directs media practitioners to refrain from conducting opinion polls and publishing results on their social media platforms.
It further clarifies that random interviews, including vox pops, do not qualify as scientific polling.
“Statements gathered during live or pre-recorded vox-pop segments from people chosen at random are not scientific surveys,” the Council said.
MCK cautioned that the spread of unverified polling data risks influencing voter perceptions, compromising journalistic integrity and violating both legal provisions and in-house editorial standards.
The Council urged all media workers to prioritise accuracy, fairness and compliance as the by-elections approach.
“Journalists and media organisations are therefore urged to desist from any practices that would place them in breach of the law, professional ethical standards, or their own in-house editorial policies,” the advisory said.
The Council reiterated its commitment to promoting responsible journalism and protecting the public from misinformation during electoral periods.
It called on editors, newsroom managers and online content teams to review their election coverage practices urgently to avoid legal exposure.
