IEBC: Voters risk Sh1 million fine, three-year jail term for photographing ballots in Ol Kalou by-election

The Independent Electoral and Boundaries Commission (IEBC) has warned voters against taking pictures of their marked ballot papers during the Ol Kalou parliamentary mini-poll scheduled for July 16, saying those found guilty will face prosecution and a fine of Sh1,000,000.

Speaking during a joint press briefing with the National Police Service (NPS) and National Cohesion and Integration Commission (NCIC), IEBC Chairperson Erastus Ethekon said photographing and sharing marked ballot papers violates the principle of secret voting, adding that the practice could lead to legal action under the Elections Offences Act.

He emphasised that voters must maintain the secrecy of their votes and avoid actions that could compromise the credibility of the election.

"We saw individuals take pictures of marked ballots and circulated them on social media. We wish to remind Kenyans and indeed the voters of Ol Kalou, please do not take a picture of your ballot paper once you mark it. The sanctity and the secrecy of the vote require that you keep it secret. You shall be prosecuted, and if found guilty, you will pay a fine of up to Sh1,000,000 and an imprisonment not exceeding 3 years," he said.

Ethekon said the offence is covered under Section 7 of the Elections Offences Act, which prohibits revealing how a person has voted.

He said some voters may attempt to photograph their ballots to show support for a candidate or for other reasons, but insisted that such actions are illegal.

The warning comes as voters in Ol Kalou Constituency prepare to elect a new Member of Parliament in a by-election scheduled for July 16, 2026.

The mini-poll has attracted attention from political parties seeking to demonstrate their support in Nyandarua County ahead of the 2027 General Election.

Candidates have spent weeks campaigning across the constituency, with their key promises focusing on improving roads, creating employment opportunities for young people, supporting farmers and expanding access to education and healthcare.

Ethekon also confirmed that the IEBC had certified the voter register to be used in the Ol Kalou parliamentary mini-poll.

"We have certified the voter register that will be used in Ol Kalou and is currently displayed at every polling station so that the citizens of Ol-Kalou can check and verify that their names are there and if they are eligible to vote in those polling stations," he said.

He said the Commission was committed to ensuring that only the official register is used during the election.

"As IEBC, we take the issue of the register seriously, and we will make sure that only the authentic register that is being used during this election," Ethekon said.

He also revealed that the Commission had investigated reports that a politician had asked voters not to appear at polling stations with identification documents, terming the claims "misleading".

"We heard through a section of the media, and we have investigated this matter where a certain politician has urged the citizens of Ol Kalou not to show up with their ID cards or passports. That is completely misleading. The commission is dealing with this matter decisively," he said.

Ethekon further warned candidates and political parties against allowing unauthorised individuals into polling stations. He said each candidate is only allowed to have one agent in each polling station.

"We shall not allow anybody or super agents to roam around our polling stations," he said.

The IEBC also warned political parties, candidates and supporters against wearing party colours, badges or displaying campaign symbols at polling stations during the by-election.

"We wish to remind the public and supporters of political candidates that we shall not admit any person who is wearing a badge, clothing or symbol or any other item signifying support for a political party or candidate," Ethekon said, noting that the Commission would strictly enforce the rules at polling stations to maintain peace and order during voting.

"We will not allow anybody, whether a senior politician or one who has not been cleared or accredited by IEBC, to come with their security or supporters to try to disturb peace at the police station."

IEBC said the measures were aimed at protecting the integrity of the Ol Kalou by-election and ensuring a peaceful voting process.

Ethekon also assured voters and candidates that the election results management process would be transparent, with agents allowed to monitor and participate in the process.

"The results management and declaration process will be transparent. Agents will be allowed to take photos of Form 34A and send them to their candidates. Ballot boxes will be counted and results tabulated in an open and transparent process," he said.

He added that the Commission had strengthened transparency measures to increase confidence in the election outcome.

Members of the public, candidates and political parties have been urged to report electoral offences or misconduct to the Commission for action.