The Media Council of Kenya (MCK) has cautioned media houses against conducting or publishing unauthorised election-related opinion polls ahead of the November 27th by-elections.
In a statement, MCK noted warned that conducting or publishing unscientific and unauthorised election-related opinion polls is illegal and must stop immediately.
“The Media Council of Kenya (MCK) is reminding media outlets, journalists, and online platforms that conducting or publishing unscientific and unauthorised election-related opinion polls (commonly known as “voodoo” polls) is illegal and must stop immediately ahead of the by-elections scheduled for 27 November 2025.” MCK noted.
According to MCK, such practices violate the Publication of Electoral Opinion Polls Act, 2012, and contravene the MCK Election Reporting Guidelines.
“So-called “call-in” or “instant polls” are misleading because they fail to meet the legal and professional standards required by the Act and recognised ethical guidelines. They also breach the statutory prohibition on publishing opinion poll results during the five days immediately preceding election day.” The statement read.
The Publication of Electoral Opinion Polls Act, 2012 expressly provides that: “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.”
In addition, the MCK Election Reporting Guidelines clearly apply to social media polls, live broadcasts, phone-ins, and talk shows.
They require media houses, journalists, and practitioners to adhere to the Guidelines and all relevant laws, including the specific directive to “refrain from conducting opinion polls and publishing results on their social media platforms.” The Guidelines further state that “…statements gathered during live or pre-recorded vox-pop segments from people chosen at random are not scientific surveys.”
The Council further urged journalists and media organisations to desist from any practices that would place them in breach of the law, professional ethical standards, or their own in-house editorial policies, all of which demand responsible and lawful journalistic conduct.
