Editor's Review

Voters who violate the Act stand to be slapped with a hefty fine of Ksh1 million or a jail term of up to three years.

The Independent Electoral and Boundaries Commission (IEBC) has warned voters not to take photos or videos of their vote during he upcoming by-elections in Emurua Dikirr and Ol Kalou.

In a public notice issued on Wednesday, May 13, IEBC warned that capturing the voting process in the polling booths on camera violates the secrecy of the vote.

The Commission explained that doing so violates Section 7(3)(e) of the Election Offences Act, No. 37 of 2016.

"The secrecy and sanctity of the vote must be preserved at all times. Photography and video recording are strictly prohibited in the polling booth," the statement read in part.

IEBC warned voters who take photos of marked ballot so so that they are paid for casting their vote for a particular candidate.

A file photo of a Kenyan voting.

"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 electoral body reiterated.

Culprits who are found violating the Act will be charged in a court of law, where they stand to be slapped with a hefty fine of Ksh1 million if found guilty.

The law also allows the court to jail the convicted individuals for a term not exceeding three years, or hand the convict both a fine and time in prison.

IEBC issued the notice as it winds up preparations for by-elections on Thursday, May 14, for the Emurua Dikirr parliamentary seat, and the Member of the County Assembly polls for Porro and Endwo Wards.

Voters in Ol Kalou will cast their ballot on July 16 to elect their new Member of Parliament following the passing of the late David Kiaraho.