Ksh1M fine: IEBC warns against taking photos, videos inside polling booths ahead of by-elections
By Emmanuel Rono, May 13, 2026The Independent Electoral and Boundaries Commission (IEBC) has warned voters against taking photos and recording videos inside polling booths, stating that the act is illegal and punishable under Kenyan law.
In a public notice issued ahead of the May 14, 2026 by-elections, the electoral body stressed that the secrecy and sanctity of the vote must be protected at all times.
The commission stated that photography and video recording are strictly prohibited inside polling booths, warning that offenders risk heavy penalties under Section 7(3)(e) of the Election Offences Act, No. 37 of 2016.
“Do not take photos or record videos in the polling booth. The secrecy and sanctity of the vote must be preserved at all times. Photography and video recording are strictly PROHIBITED in the POLLING BOOTH. Doing so constitutes an election offence under Section 7(3)(e) of the Election Offences Act, No. 37 of 2016,” IEBC statement of May 13, 2026 read.
Elections laws
According to the law, any person attending election proceedings who captures an image of a marked ballot paper without a lawful excuse, especially for financial gain or to demonstrate political allegiance, commits an election offence.
The offence attracts a fine of up to Ksh1 million, imprisonment for a term not exceeding three years, or both.
“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,” IEBC stated.
“The offence is punishable by: a fine not exceeding Ksh 1 million, or imprisonment for a term not exceeding 3 years, or both.”
May 14 by-elections
The by-elections are going to decide who will be the next member of parliament for Emurua Dikirr Constituency (Narok County), County Assembly members for Porro Ward (Samburu County) and Endo Ward (Elgeyo/Marakwet County).
In its preparations, the IEBC, in a post on its X handle on Tuesday, May 5, 2026, has assured that all the polling stations will open at 6:00 a.m. and close at 5:00 p.m. on the day of the elections. The commission has also stressed that any lost time at the opening of polling stations will be recuperated at the close of the voting so as to ensure that all eligible voters are served.
Significantly, IEBC has guaranteed the Kenyans that all voters who will be in the queue by 5:00 p.m. will be permitted to cast their votes, even when the voting continues beyond the official closing time.