The Independent Electoral and Boundaries Commission (IEBC) has issued a public notice warning voters against taking photographs or recording videos inside polling booths during the scheduled by-elections.

In the notice shared by the commission on Wednesday, it stated that the practice is a criminal offence under Kenyan election laws.

IEBC further emphasized that the secrecy and sanctity of the vote must be preserved at all times during the electoral process.

“Do not take Photos or Record videos in the Polling Booth. The secrecy and sanctity of the vote must be preserved at all times,” IEBC warned.

The commission also stated that photography and video recording inside polling booths are strictly prohibited, warning that anyone found capturing images of marked ballot papers without lawful excuse could face prosecution.

According to the IEBC, Section 7(3)(e) of the Election Offences Act No. 37 of 2016 criminalizes the capturing of images of marked ballots for purposes of financial gain or to demonstrate political allegiance.

“Doing so constitutes an election offence under Section 7(3)(e) of the Election Offences Act, No. 37 of 2016,” IEBC said.

The electoral body said the offence attracts a penalty of a fine not exceeding KSh1 million, imprisonment for a term not exceeding three years, or both.

The electoral commission urged Kenyans to comply with the law and uphold the integrity of the voting process during elections.

The notice comes as the commission prepares to conduct three by-election exercises across Narok, Samburu and Elgeyo Marakwet counties on Thursady May 14, 2026.

They include Member of County Assembly (MCA) seats for Porro Ward in Samburu County and Endo Ward in Elgeyo-Marakwet County, as well as the Member of National Assembly seat for Emurua Dikirr Constituency in Narok County.