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Why voters risk Sh1 million fine for taking ballot photos

The electoral agency has urged Kenyans to familiarise themselves with election laws and cooperate with polling officials during the by-elections to ensure a peaceful and credible process.

The Independent Electoral and Boundaries Commission has warned voters against taking photographs or recording videos inside polling booths during the upcoming by-elections, saying offenders risk heavy penalties including fines and imprisonment.

In a public notice issued ahead of the mini polls, the commission stressed that the secrecy of the ballot must be safeguarded at all times to protect the integrity of the electoral process.

“Do not take photos or record videos in the polling booth. The secrecy and sanctity of the vote must be preserved at all times,” IEBC said.

The electoral agency cited Section 7(3)(e) of the Election Offences Act No. 37 of 2016, which criminalises the capturing of images of marked ballot papers during election proceedings without lawful excuse.

According to the commission, the law particularly targets individuals who take photographs of marked ballots for financial gain or to demonstrate political allegiance.

“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 commission stated.

IEBC warned that those found guilty could face a fine of up to Sh1 million, imprisonment for a term not exceeding three years, or both.

The commission said the measures are intended to reinforce voter privacy and maintain public confidence in the credibility of elections.

The warning comes as IEBC intensifies preparations for upcoming by-elections in several electoral areas across the country following vacancies in various political seats.

In recent days, the commission has continued issuing guidelines and operational updates aimed at ensuring a smooth and transparent voting exercise.

IEBC has also assured voters that all polling stations will open at 6 am and close at 5 pm on election day.

The commission further clarified that any time lost due to delays in opening polling stations would be compensated at the close of voting to ensure all eligible voters have adequate time to cast their ballots.

Election observers have previously raised concerns over the growing trend of voters photographing ballot papers, saying the practice could undermine the secrecy of the vote and open room for voter bribery or coercion.

The electoral agency has urged Kenyans to familiarise themselves with election laws and cooperate with polling officials during the by-elections to ensure a peaceful and credible process.

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