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IEBC Explains Why Voters Cannot Photograph Marked Ballots

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The phone may be allowed inside Kenya’s polling stations during the 2027 General Election. But there is one image the electoral commission says voters should not take: a photograph of a marked ballot paper.

The Independent Electoral and Boundaries Commission says the restriction is intended to protect the secrecy of the vote and prevent a voter’s choice from being documented.

IEBC Commissioner Ann Nderitu explained the position during a television interview as preparations continue for the August 10, 2027 General Election.

“The only thing that you cannot take a photo of is the photo of the ballot paper when somebody is voting,” Nderitu said, adding that the same principle applies during counting because Kenya’s elections are conducted by secret ballot.

Why the ballot must remain private

The secrecy of the ballot is protected under Kenya’s electoral laws. Election officials, candidates and agents are required to help maintain that secrecy during voting and counting. The law also prohibits attempts to obtain or communicate information about how a particular voter has voted.

The concern is not simply about taking pictures. A photograph of a marked ballot could reveal how a voter voted and potentially undermine the privacy that the secret ballot is meant to guarantee.

Nderitu said the commission had applied administrative measures during recent by-elections to ensure voters cast their ballots privately and left polling stations without photographing marked ballots.

The same approach is expected to apply in the 2027 election.

What voters can photograph

The restriction does not mean phones will be completely banned from polling stations.

According to Nderitu, election agents and observers will be permitted to photograph completed results forms after votes have been counted and the results announced.

“When it comes to the counting of votes, we even allow the agents to take the photo of the form,” she said.

That distinction is important. A marked ballot records the choice of an individual voter. A completed results form records the collective outcome at a polling station.

IEBC says the latter is a public document once the votes have been counted, the results declared and the form completed.

Copies of the results forms are also expected to be displayed at polling stations, while the commission plans to make them available through its results portal. IEBC currently maintains an online results section on its website.

What happens if there is a dispute?

Commissioner Nderitu also stressed that results declared at the polling station are final under the law.

An agent or observer who spots an error can raise an objection and have it recorded. But, she said, the result announced at the polling station cannot simply be altered because someone later disagrees with it.

The distinction between the ballot and the results form reflects two principles at the heart of an election: protecting an individual voter’s privacy while allowing the public to scrutinize the counting and recording of votes.

With the 2027 election now less than a year away, IEBC is stepping up voter registration and public education. The commission’s official website lists August 10, 2027 as the date for the General Election.

For voters, the message is straightforward: keep your vote private, but expect the results to be open to scrutiny.

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IEBC Explains Why Voters Cannot Photograph Marked Ballots