Martha Karua slams IEBC phone ban at polling stations

People’s Liberation Party (PLP) leader Martha Karua has criticised the Independent Electoral and Boundaries Commission (IEBC) for enforcing a ban on mobile phones at polling stations, saying the move goes beyond the Commission’s legal mandate.

Speaking on Radio Generation on Friday, Karua argued that election laws are clear: they only regulate what happens inside the voting booth, where the secrecy of the ballot must be protected. She said extending the ban to the entire polling centre misinterprets the law and unnecessarily restricts voters.

“Voters can carry phones, provided they do not photograph marked ballots inside the booth. Agents near voting areas can easily spot any attempts to do so,” she said, adding that enforcing the ban outside the booth is excessive.

Karua also questioned claims that mobile phones are widely used for voter bribery. “Only a small fraction of voters misuse phones to facilitate bribery. Penalising all voters is unfair and not supported by evidence,” she said.

The PLP leader urged the Commission to focus on enforcing existing laws rather than creating new rules. “The Commission cannot make the law. It can only apply it. Any new restrictions must be explicitly provided for in legislation,” she said.

Her remarks follow the electoral body’s decision to enforce the mobile phone ban during by-elections held on February 26, 2026, in Isiolo South, West Kabras, Muminji, and Evurore wards. IEBC said the measure was necessary after past incidents in which voters took photos of marked ballots and shared them online, a practice that undermines ballot secrecy and constitutes an electoral offence under the Elections Act, 2011.

Karua further highlighted the role of security officers during elections. She called for proper conduct, warning that police deployed at polling stations must not intimidate voters or allow unauthorised individuals into voting areas. She said well-trained security personnel should ensure a safe environment for all voters, respecting both the law and the rights of citizens.

She also emphasised that public confidence in the electoral process depends on both the Commission and security agencies respecting legal boundaries and maintaining transparency. Voters should feel free to exercise their constitutional rights without fear of harassment or unnecessary restrictions.

Karua’s comments contribute to ongoing debates around the role of the IEBC in managing elections, particularly concerning the balance between enforcing election laws and protecting voters’ freedoms. Legal experts note that while ballot secrecy is critical, measures to enforce it must remain proportionate and grounded in the law.

As the country prepares for the 2027 general elections, Karua’s call underscores the importance of adhering strictly to the legal framework, ensuring that election management safeguards both integrity and citizens’ rights.