As Kenya prepares for by-elections on Thursday, February 26, the Independent Electoral and Boundaries Commission (IEBC) has announced a strict ban on mobile phones within polling stations to preserve the confidentiality of the vote.
The Commission acted after noting that in previous elections, some voters photographed marked ballots and shared them online, putting the integrity of the electoral process at risk.
The IEBC stated that any attempt to compromise ballot secrecy, including taking photos or recording marked ballots, constitutes an electoral offence. Such acts can expose voters to coercion, manipulation, or vote-buying, undermining the democratic process.
To prevent these violations, administrative measures will be enforced at all polling stations.
Constitutional provisions under Articles 38(3)(b) and 81(e)(i) guarantee citizens the right to freely choose leaders and participate in political activities, while ensuring elections are conducted fairly, transparently, and independently. These articles also uphold gender balance in elective bodies and the principle of universal suffrage.
The upcoming by-elections aim to fill four vacant seats: the Member of the National Assembly for Isiolo South Constituency in Isiolo County, the County Assembly seat for West Kabras Ward in Kakamega County, and two County Assembly positions for Muminji and Evurore wards in Mbeere North, Embu County.
IEBC Chairperson Erastus Ethekon confirmed that all preparations are complete. Election materials, including ballots, have been distributed to polling areas, and election officers have undergone training focused on professionalism, integrity, and proper handling of results. The campaign period ended on Monday, February 23, at 6pm, and the Commission warned against any further electioneering.
Voting will be conducted using biometric verification through KIEMS kits, with polling stations operating from 6 am to 5 pm Any time lost due to delays in opening will be compensated, and voters in line at closing will still be allowed to cast their votes.
The IEBC stressed that ballot secrecy is a constitutional right. "Any act that compromises this secrecy, including photographing or recording a marked ballot paper, undermines the integrity of the electoral process, exposes voters to undue influence, coercion, and vote-buying, and constitutes an electoral offence. To prevent such occurrences, the Commission will apply administrative control measures at polling stations," the Commission noted.
Voters who need assistance due to disability, illiteracy, or other lawful reasons may be helped by a person of their choice, with only one assistant allowed per voter. Each case of assistance will be formally recorded in accordance with the law.
To maintain order, two uniformed police officers will be stationed at every polling station, with extra personnel positioned at tallying centres. The IEBC warned that intimidation of voters, interference with election staff, or obstruction of voting and counting processes will not be tolerated.
After polling ends, presiding officers will open ballot boxes and count votes at the polling station in full view of agents, observers, and media. Agents will be permitted to photograph the official results forms, and copies will be displayed publicly to promote transparency.
