Legal and Ethical Violations Cited

The Media Council of Kenya (MCK) has issued a stern warning to media houses, journalists, and online content creators against conducting and publishing non-scientific opinion polls ahead of the 24 by-elections scheduled for Thursday, November 27, 2025. In a statement released on Sunday, November 23, 2025, the council flagged the proliferation of what it termed “voodoo polls” on social media platforms and broadcast media, declaring them a serious threat to responsible and ethical election reporting.

MCK Chief Executive Officer David Omwoyo specified that instant polls conducted via social media platforms like X (formerly Twitter), YouTube, and TikTok, as well as those carried out through call-ins and spontaneous interactions on talk shows, are misleading and illegal. The council emphasized that such practices violate the Publication of Electoral Opinion Polls Act, 2012, and the MCK's own Election Reporting Guidelines.

The advisory explicitly referenced the legal blackout period for electoral polls. “A person shall not publish the results of any electoral opinion poll on the day of the election or during the period of five days immediately preceding the date of the election,” the MCK stated, quoting the Act. This prohibition legally began on Saturday, November 22, 2025. The council clarified that random interviews with the public, often presented as vox-pops, do not constitute scientific surveys and should not be framed as representative of wider public opinion.

High-Stakes Polls Amidst Rising Tensions

The MCK's caution comes at a critical time, as campaigning concluded on Monday, November 24, 2025, for a series of high-stakes electoral contests. The Independent Electoral and Boundaries Commission (IEBC) has confirmed that voters in 24 electoral areas will head to the polls. These include one Senate seat in Baringo County, six National Assembly seats, and 17 Member of County Assembly (MCA) wards. The parliamentary by-elections will be held in Mbeere North, Malava, Kasipul, Ugunja, Magarini, and Banissa constituencies.

The advisory highlighted a tense political environment, noting that incidents of “political violence and political intolerance” have been witnessed as campaigns intensified. Reports from various sources have indicated specific security concerns and clashes in constituencies such as Kasipul and Mbeere North. In Kasipul, clashes have tragically resulted in fatalities, prompting the IEBC to fine candidates and intervene. In Mbeere North, accusations and counter-accusations of planned violence have been traded between rival political camps, increasing the potential for unrest.

IEBC Confirms Readiness for Thursday Vote

Despite the tense backdrop, the IEBC has affirmed its preparedness to conduct free, fair, and credible elections. The commission, led by Chairperson Erastus Ethekon, confirmed the finalization of logistical arrangements. The printing of ballot papers, costing KSh 27 million, was completed in Greece, and the materials were received in Nairobi on November 19 and 20, 2025. Distribution to the various constituencies and wards began on Friday, November 21, 2025, with materials for remote or security-sensitive areas being airlifted.

A total of 181 candidates have been cleared by the IEBC to contest in the various races. The commission has repeatedly called on all candidates and their supporters to adhere strictly to the Electoral Code of Conduct to ensure a peaceful process. Polling stations are scheduled to open from 6:00 a.m. to 5:00 p.m. EAT on Thursday. The MCK has urged journalists and media organizations to desist from any practices that could breach the law or their own editorial policies, reinforcing the need for professionalism and adherence to legal standards during this sensitive electoral period.