Sharing marked ballot paper on social media can land you in jail
Mvita Constituency Returning Officer Sudi Masha (left) oversees the opening of ballot boxes as candidates and agents verify details at Aldina Visram High School in Mombasa in this photo taken on August 8, 2022.
The electoral commission has warned Kenyans against sharing photos of their marked ballot papers on social media, as it is an offence punishable by law.
Excited Kenyans who had undertaken their democratic duty to cast their vote have been sharing the pictures on social media, sometimes to show their allegiance to the various candidates, or for some to prove they had voted.
“Voters are warned that violating secrecy of the ballot through sharing of photos of marked ballot papers is punishable by law,” the Independent Electoral and Boundaries Commission (IEBC) said.
According to the Election Offences Act, capturing an image of a marked ballot paper—either for financial gain or for purposes to show allegiance—is an offence that could land an offender to jail for three years or a fine not exceeding Sh1 million, or both.
“A person attending any proceedings relating to an election and who, without lawful excuse captures an image of any marked ballot for purposes of financial gain or for showing allegiance, commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both,” The Election Offences Act Section (7)(3) states.
The law also prohibits the sharing of the marked ballot papers at the behest of any other person, both of which also commit a crime.
“A person who directly or indirectly by duress, intimidation or otherwise compels or induces any voter who has already voted at an election— (a) to inform that person or any other person of the name of the candidate or political party for which the voter has voted; or (b) to display the ballot paper on which the voter has marked his vote, commits an offence,” The Election Offences Act Section (10) (4) states.
On this, the law says: “A person who contravenes a provision in this Act for which a penalty has not been provided for, commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.”
