Precise Rules for Polling Station Integrity

NAIROBI, Kenya – As polls opened at 6:00 a.m. EAT on Thursday, November 27, 2025, for a series of high-stakes by-elections, the Independent Electoral and Boundaries Commission (IEBC) has reiterated the stringent regulations governing access to all polling stations. The measures, rooted in Kenyan law, are designed to protect the secrecy of the ballot and ensure a transparent, free, and fair electoral process across the nation. These by-elections, which span one senatorial seat, six National Assembly constituencies, and multiple County Assembly Wards, represent the first significant operational test for the new IEBC, chaired by Erastus Edung Ethekon, following its reconstitution earlier this year.

Who is Legally Authorised to Enter?

According to Regulation 62 of the Elections (General) Regulations, 2012, presiding officers are mandated to strictly regulate entry into polling stations. The law explicitly lists the only individuals permitted within the voting and counting areas to prevent overcrowding, intimidation, and undue influence. This list is not a guideline but a legal requirement for a valid election.

The authorised persons are:

• Candidates and their Deputies: Each candidate and their designated deputy (where applicable) have the right to be present.
• Authorised Agents: Each political party or independent candidate is entitled to have one accredited agent present at a polling station at any given time. These agents play a crucial role in observing the voting process, verifying the identity of voters, witnessing the counting of ballots, and signing the final results forms.
• IEBC Officials: Members of the Commission and accredited election officers, including the Presiding Officer, Deputy Presiding Officer, and polling clerks, are present to manage all aspects of the election.
• Security Officers: At least two police officers are stationed at each polling centre to maintain law and order, acting under the direction of the Presiding Officer.
• Assisted Voters' Aides: Individuals who are necessarily assisting voters with disabilities or other special needs are permitted to enter to provide support.
• Accredited Observers: Duly accredited election observers from domestic and international groups are authorised to monitor the proceedings to enhance transparency and public confidence.
• Accredited Media: Representatives of the print and electronic media who have been officially accredited by the IEBC are allowed access to report on the electoral process.

Voters are considered authorised persons but only for the duration of the voting process. The Interior Cabinet Secretary, Kipchumba Murkomen, issued a statement on Thursday morning reminding the public that voters should leave the polling station immediately after casting their ballot to avoid loitering. He emphasized that the duty of securing the vote belongs exclusively to the state's security organs and the IEBC.

Roles and Responsibilities of Key Actors

The specific roles of each authorised individual are critical to the integrity of the election. Presiding Officers are in complete charge of the polling station; they enforce all rules, including the recent IEBC directive prohibiting anyone, including voters and agents, from taking photographs of marked ballot papers. While agents are barred from photographing ballots, they are legally entitled to photograph the final, signed results forms—a key transparency measure.

Party and candidate agents act as the primary watchdogs for their respective interests. Their responsibilities include inspecting ballot boxes before polling begins, monitoring the issuance of ballot papers, raising objections to any irregularities, and verifying the final vote count. Their signature on the final declaration form (Form 34A for presidential elections, and equivalents for other positions) signifies their acceptance of the results at that station.

Accredited observers, such as those from the Elections Observation Group (ELOG), provide an independent assessment of the entire electoral process. They observe everything from the opening of the polls to the final tallying and declaration of results, later publishing reports that contribute to future electoral reforms. Both observers and media personnel must adhere to a strict code of conduct established by the IEBC, which forbids them from interfering with the voting process.

Context of the November 2025 By-Elections

The by-elections are being held today, Thursday, November 27, 2025, in 22 electoral areas after two wards, Tembelio in Uasin Gishu and Metkei in Elgeyo Marakwet, had candidates elected unopposed. The vacancies arose for various reasons, including the death of incumbent leaders and the appointment of others to cabinet positions. Key contests include the Baringo County senatorial race and National Assembly seats in Banissa, Kasipul, Magarini, Malava, Mbeere North, and Ugunja. The IEBC has confirmed that all logistical preparations are complete, with election materials and personnel deployed and polling stations opening on schedule. These elections are a crucial gauge of the new commission's capacity to manage a credible electoral process ahead of the 2027 General Election.