IEBC bans photos in polling booths, warns of Sh1m fine, jail term

The Independent Electoral and Boundaries Commission (IEBC) has issued a public notice warning members of the public against taking photographs or recording videos inside polling booths, saying such actions constitute an election offence under Kenyan law.

“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 in a post on X.

"Photography and video recording is strictly prohibited in the polling booth.”

IEBC warned that violating the directive amounts to an offence under Section 7(3)(e) of the Election Offences Act, No. 37 of 2016.

The provision 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.”

According to the law cited in the notice, the offence is punishable by a fine not exceeding Sh1 million, imprisonment for a term not exceeding three years, or both.

The warning comes a day before the May 14 by-elections, scheduled to take place in different parts of the country after elective positions fell vacant.

The by-elections will fill the vacant positions for Member of National Assembly in Emurua Dikirr Constituency and Member of County Assembly in Porro Ward and Endo Ward.

Emurua Dikirr seat fell vacant after the sudden demise of former MP Johana Ng'eno following a helicopter crash in Nandi County on Saturday, February 28.

In its earlier communications, IEBC assured voters that all polling stations would open at 6:00 a.m. and close at 5:00 p.m. on election day.

As part of preparations, three pallets containing ballot papers and statutory forms arrived at Jomo Kenyatta International Airport on Monday morning ahead of the May 14 2026, by-elections.

The consignments arrived at the airport and were received in preparation for distribution to the respective electoral areas.

The materials received at the airport were part of the logistical arrangements undertaken ahead of the scheduled by-elections.