Kenya’s Independent Electoral and Boundaries Commission announced plans Tuesday to tighten restrictions on mobile phone use inside polling stations, warning that voters photographing their marked ballot papers and posting the images on social media pose a direct threat to electoral secrecy and democratic credibility.
IEBC Chairperson Erustus Ethekon said commission officials observed the trend during by-elections held on 27 November 2025, describing it as a troubling pattern with implications that extend well beyond a single vote.
Ballot secrecy under threat
“With the widespread use of smartphones, the commission has observed a growing trend of voters using mobile phones inside polling stations. Some voters photographed their marked ballot papers and shared those images on social media.”
— Erustus Ethekon, IEBC Chairperson
Under Kenya’s Constitution, the secrecy of the ballot is a protected fundamental political right. Ethekon invoked Articles 38(3)(b) and 81(e)(i), underscoring that photographing or recording a marked ballot paper constitutes an electoral offence. He warned that the practice opens the door to voter coercion, intimidation and vote-buying — systemic threats to democratic governance that go well beyond individual violations.
By-elections ahead as IEBC tightens controls
The IEBC said it will introduce administrative control measures at polling stations ahead of upcoming by-elections in Isiolo South constituency in Isiolo County, West Kabras ward in Kakamega County, and Mumini and Evurore wards in Embu County. The commission stressed that the restrictions target safeguarding voters — not limiting civic participation.
Ethekon confirmed that key logistical preparations are complete, including the procurement and distribution of ballot papers, official gazettement of candidates and polling stations, and successful testing of the Kenya Integrated Election Management System kits used to verify voter identity.
Strict rules on party agents and campaign materials
The commission also reminded political parties and candidates to observe strict accreditation rules. Each party or candidate may deploy only one agent per polling station and one chief agent at tallying centres. Ethekon was unambiguous on the matter: “There is no provision in law for so-called ‘super agents’ or unauthorised persons.”
Voters who require assistance due to disability or illiteracy are entitled to be accompanied by a person of their choice, though no individual may assist more than one voter in a single election. Campaign materials remain barred from polling stations, and all registered voters — including politicians and public officials — must cast ballots only at their designated polling stations.
A continent-wide challenge for electoral bodies
The measures reflect a broader challenge facing electoral bodies across sub-Saharan Africa and beyond: how to uphold ballot secrecy in an era of ubiquitous smartphones, real-time social media and the persistent threat of electoral manipulation. Kenya’s experience is being watched closely, as the country heads toward a general election cycle that will test the resilience of its democratic institutions.
