IEBC Bans Photography of Marked Ballots in Ol Kalou By-Election

Strict Prohibitions on Ballot Photography

As residents of Ol Kalou prepare to cast their votes this week, election officials are intensifying efforts to maintain the secrecy of the ballot. IEBC Chairperson Erastus Edung Ethekon, addressing a press conference on July 14, 2026, stated that the commission has observed a recurring trend from previous elections where voters captured images of their marked ballot papers to circulate on social media. Ethekon emphasized that this behavior undermines the integrity of the electoral process and directly contradicts the fundamental principle of secret voting.

We saw individuals took pictures of marked ballots and circulated them on social media, Ethekon said. “We wish to remind Kenyans and voters of Ol Kalou, please do not take a picture of your ballot once you mark it, once you select the person you want to be your MP.”

The commission reiterated that taking photos or recording videos inside a polling booth is an election offence under Section 7(3)(e) of the Election Offences Act. The 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. Ethekon explained that photographing and sharing marked ballot papers defeats the purpose of secret voting by exposing an individual’s electoral choice, noting: “The sanctity and secrecy of the vote requires that you keep it secret. That is why it is very important that we facilitate you to vote by way of secret ballot. It will defeat the purpose if you again make that ballot public.”

Seven-Step Voting Procedure for Ol Kalou

To ensure a smooth and orderly process on polling day, the IEBC has outlined a structured seven-step voting procedure that all voters must follow at their respective polling stations for the July 16 by-election:

• Identification: The process begins the moment a voter enters the polling station, where they are required to present their national identity card or valid passport for identification.
• Verification: The second step involves verifying the voter’s details using the Kenya Integrated Election Management System (KIEMS) kit to confirm their registration status.
• Issuance: Following successful electronic verification, the voter proceeds to the third stage, where polling officials issue them a single stamped ballot paper.
• Marking: The voter moves to the voting booth for the fourth step, which is marking the ballot paper in complete secrecy.
• Casting: After making their choice, the fifth step requires the voter to cast their marked ballot paper into the designated ballot box.
• Security: Before exiting, the sixth step dictates that officials mark the voter’s finger with indelible ink as a security measure to prevent double voting.
• Exit: The seventh and final step of the process concludes when the voter leaves the polling station.

Legal Thresholds for Postponing Elections

The by-election has faced significant scrutiny following acts of violence experienced during the campaign period. This led to public questioning regarding whether the electoral body has the power to call off an election that has already been planned and its date set. IEBC Director of Legal Services Chrispine Owiye, speaking at an event on July 9, 2026, clarified that under Kenyan law, the IEBC has the power to postpone a scheduled election, but only under specific circumstances defined by the Elections Act 2011, Section 55B.

The commission may delay an election in a constituency, county, or ward where it determines that holding the poll on the appointed date would not be possible or would threaten the credibility and safety of the process. According to the Act, the IEBC may postpone an election where it has reason to believe that a serious breach of the peace is likely to occur if voting proceeds on the scheduled date. This provision gives the commission room to act where insecurity, violence, or other serious threats could endanger voters, election officials, or candidates, or disrupt the conduct of the poll.

However, the Law Society of Kenya (LSK) has formally opposed calls for a total postponement. The LSK argues that denying voters their constitutional right to elect a representative because of the violence and electoral malpractices by candidates amounts to an infringement of their rights. Instead, the lawyers’ body wants the IEBC and other enforcement agencies to investigate and prosecute individuals found culpable of electoral offences, maintaining that existing laws provide adequate sanctions for offenders.

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