Magarini Independent Electoral and Boundaries Commission (IEBC) returning officer Joseph Mwofondo has warned that strict penalties will be imposed on anyone found taking photos of ballot papers after voting.

Speaking to the media on Tuesday, November 25, 2025, Mwofondo addressed earlier claims that some politicians were allegedly luring voters to take photos of their votes in exchange for tokens of appreciation.

He emphasised that such actions will not be tolerated and that security agencies have been tasked with decisively handling any offences.

He further stated that all presiding officers have been instructed to ensure that no one enters the voting booth with a phone or takes photos of their voting outcome, as this is a punishable offence.

“Tumeambia wale wote watakao simamia vituo kwamba hakuna mtu yeyote atakubaliwa kuingia mahali pa kupigia kura akiwa na simu au kupiga picha ya ballot paper. Ikiwa kuna mtu atakayepatikana akifanya hivyo, hatua kali zitachukuliwa,” Mwofondo said.

He added that preparations for the by-election on Thursday, November 27, 2025, are complete.

Measures include the training of presiding officers and their deputies, as well as the deployment of electoral materials to specific areas within the constituency.

Magarini by-elections

Unlike other by-election areas where voters are returning to the polls due to the death of sitting leaders, the Magarini by-election arises from the nullification of the 2022 results by the High Court.

The Court of Appeal and Supreme Court upheld the nullification of Orange Democratic Movement (ODM) candidate Harrison Kombe’s win. Kombe had initially secured 11,745 votes, narrowly defeating United Democratic Alliance (UDA) candidate Starnely Kenga by just 11 votes.

Following the nullification, Starnely Kenga joined the Rigathi Gachagua-led Democracy for Citizens Party (DCP) to contest the seat again against Kombe.

This comes a day after Gachagua wrote a letter to the IEBC accusing its vice chair of planning to rig the byelections in favour of the ODM candidate, claiming that he had met with Kilifi Governor Mungaro on Sunday and demanding that all presiding officers be replaced.

However, Mwofondo has dismissed these claims, stating that as an officer of an independent office, he will not engage in political disputes.