People’s Liberation Party leader Martha Karua has rejected plans by the Independent Electoral and Boundaries Commission to bar voters from carrying mobile phones into polling stations, saying such a move would go beyond what the law allows and could weaken transparency in elections.
Speaking on Radio Generation on Friday, Karua said the law only limits the use of phones inside the voting booth and does not stop voters from walking into polling centres with their devices. She argued that a blanket ban would be unlawful and unnecessary.
“This nonsense of IEBC saying that they will ban use of mobile phones — we will not allow them to do that,” she said.
Karua maintained that Kenya’s election laws are clear on the secrecy of the ballot and only restrict what happens at the point where a voter marks their choice.
“The only place you can say don’t go with a mobile phone, but go with it, but don’t take a photo, is in the polling booth,” she said, adding that agents positioned near voting areas can identify anyone attempting to photograph their marked ballot.
She dismissed claims that phones widely fuel vote-buying, saying the number of people who misuse them is small.
“The number of people who abuse that by taking photos of their phone to show others for money is very few,” she said.
Karua warned that the electoral body must stick to its mandate and avoid creating rules that are not anchored in law.
“IEBC must know it cannot make the law. It can only apply it, and the law does not stop you from entering with your phone. The law says you go in, they give you a ballot.”
Her remarks follow the commission’s decision to ban the use of mobile phones in polling stations during by-elections held on February 26, 2026 in Isiolo South, West Kabras, Muminji and Evurore wards. The move came after the commission noted that in past elections, some voters had taken photos of their marked ballots and shared them on social media.
In a statement, the commission said secrecy of the ballot is protected under Articles 38(3)(b) and 81(e)(i) of the Constitution and remains a key pillar of free and fair elections.
“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,” the Commission said.
Under the Elections Act, 2011 and related regulations, it is an offence for a voter to disclose how they voted or interfere with ballot secrecy. Taking a photo or recording a marked ballot is prohibited and may amount to an electoral offence because it can aid vote-buying or coercion.
Karua, however, insisted that enforcement should be focused inside the voting booth, where the law already bars photographing marked ballots, instead of blocking voters from carrying phones into polling stations.
She also urged election officials to ensure that all players follow the law during voting, including police officers deployed to maintain order. According to her, officers assigned to polling centres work under the direction of presiding and returning officers and must not harass voters or allow unauthorised persons into polling areas.
