The electoral body has banned selfies, photography and video recording inside polling booths, and moved to outlaw so-called “super agents” across all elections in Kenya, citing growing concerns over voter coercion, digital surveillance and threats to the secrecy of the ballot.
The Independent Electoral and Boundaries Commission (IEBC) says the measures are aimed at protecting one of the most fundamental pillars of democratic voting — the right of every voter to cast a ballot privately, without pressure, monitoring or verification by political actors.
In a public notice, IEBC issued a firm warning:
“DO NOT take Photos or Record videos in the Polling Booth. The secrecy and sanctity of the vote must be preserved at all times.”
It further stated:
“Photography and Video Recording is strictly PROHIBITED in the POLLING BOOTH.”
The commission has clarified that the directive is not limited to specific by-elections but applies to all electoral processes under its mandate, including general elections and future polls.
At the centre of the ban is what IEBC describes as a growing “proof-of-vote” culture, where voters are pressured to take selfies with marked ballot papers as evidence that they voted in a particular way.
Officials say the practice has increasingly been used by political actors to enforce voter inducements, verify compliance with financial incentives, and exert post-vote pressure on citizens.
According to IEBC, once a marked ballot is photographed, it can be circulated online or shared privately to confirm how an individual voted — effectively stripping away the secrecy that protects voter independence.
The legal foundation for the ban is Section 7(3)(e) of the Election Offences Act, No. 37 of 2016, which criminalises the capture of images of marked ballot papers without lawful excuse.
The law 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 penalty is “a fine not exceeding KSh 1 million, or imprisonment for a term not exceeding 3 years, or both.”
Beyond legal enforcement, IEBC says the rise of smartphones and social media has fundamentally changed the risk environment inside polling stations. What was once a private act of voting is now easily recorded, shared and weaponised in real time.
Officials warn that live transmission of polling station activity — including queues, turnout patterns and even voting behaviour — can create opportunities for intimidation, strategic manipulation and misinformation during elections.
This, the commission says, is one of the key reasons it has extended the ban to all elections, not just isolated by-elections.
Alongside the restrictions on photography, the IEBC has also moved to eliminate what it describes as informal political control structures inside polling stations by banning “super agents.”
“There is no provision in law for ‘super agents’ or any unauthorised persons to operate within polling or tallying centres,” the commission said.
These individuals are typically described as powerful political operatives who coordinate party agents across multiple polling stations, relay turnout data in real time, and manage election-day strategy at ground level.
While political parties argue that such networks help them monitor elections efficiently, IEBC says they create parallel command systems that are not recognised in law and risk undermining neutrality at polling stations.
According to the commission, polling stations must remain strictly regulated environments where only accredited party agents, observers and election officials are allowed to operate.
The presence of unofficial operatives, it says, risks turning polling stations into extensions of political campaign structures rather than neutral spaces where voters make independent decisions.
The IEBC also cites concerns about assisted voting, which it has tightened by limiting assistance to only one person per voter and prohibiting any assistant from helping more than one voter.
In addition, the commission has restricted the movement of public officers who are registered voters, stating that they must vote only at their designated polling stations and cannot move between stations during elections.
“State officers and public officers who are registered voters are entitled to vote only at their designated polling stations. They are NOT permitted to roam from one polling station to another,” the IEBC said.
The commission says these measures are intended to prevent undue influence, reduce confusion at polling stations and preserve neutrality in voting environments.
Election officials and security agencies have been directed to enforce the rules strictly, including removing individuals who attempt to record inside polling booths or operate outside accredited roles.
“The Commission calls upon all polling officials to discharge their duties with integrity, impartiality, and full adherence to the Code of Conduct. Any official found in breach of the Code or the Election Offences Act will face firm action,” IEBC said.
The crackdown has sparked debate among political actors and governance observers.
Critics argue that banning all forms of recording inside polling booths may reduce transparency and limit the ability to document malpractice in real time. Others, however, say uncontrolled photography has itself become a tool for voter intimidation, profiling and misinformation.
Despite the differing views, IEBC maintains that the integrity of elections depends on strict protection of ballot secrecy — even if that means limiting how technology is used inside polling stations.
Ultimately, the commission says the rule is simple and non-negotiable: no one should be able to know or prove how any individual voted.
