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Voter protection is for polling agents not voters- EC warns

by Musa Mbogo
in News, Politics
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Nominations for president pushed to September as EC adjust 2026 roadmap
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The Electoral Commission (EC) has cautioned presidential candidates against campaign rhetoric that encourages supporters to linger at polling stations under the pretext of “protecting” or “demanding” votes.

In a formal communication circulated to all presidential candidates, the Commission expressed concern over slogans such as “Kanoonye, Kalonde, Kakuume, Kabanje,” warning that such messaging risks misleading voters into actions that contravene electoral laws and threaten the orderly conduct of elections.

EC Chairperson Simon Byabakama said that while citizen participation in the electoral process is essential, the responsibility for safeguarding a candidate’s interests at polling stations is clearly defined by law and does not extend to ordinary voters.

Citing Section 35(1) of the Presidential Elections Act, the Commission noted that a candidate may be present at a polling station either in person or through appointed representatives or polling agents to safeguard their interests during polling. Section 50(3) further allows candidates or their agents to be present throughout voting and vote counting for the same purpose.

“The responsibility of protecting a candidate’s votes lies squarely with the polling agents deployed by the candidate at each polling station,” Byabakama emphasised, adding that the law allows each candidate to deploy up to two polling agents per station.

The Commission also addressed the issue of “kabanje” (demand), clarifying that demanding Declaration of Results (DR) forms is not the role of voters. Referring to Section 53(1)(d) of the Act, the EC explained that presiding officers are legally required to issue copies of DR forms directly to candidates’ agents.

“It is not the role of individual voters to demand Declaration of Results forms from presiding officers,” the Commission stated.

Beyond legal violations, the EC warned that mobilising supporters to remain within the legally prescribed 20-metre radius of polling stations throughout voting and counting could lead to congestion, disputes and possible violence.

The Commission noted that many polling stations, particularly in urban areas, are located in confined spaces, making enforcement of the distance rule difficult and potentially compromising the secrecy of the ballot.

“With multiple presidential and parliamentary candidates, each deploying agents, overcrowding at polling stations is already a challenge. The presence of large numbers of supporters adds no value to protecting candidates’ interests and instead puts the electoral process at risk,” the EC said.

Reiterating earlier guidance, the Commission reminded voters that once they have cast their ballots, they are required to leave the polling station and may only return at 4:00 p.m. to observe the vote counting, provided they observe the 20-metre distance rule.

“Candidates are therefore warned against mobilising supporters to remain near polling stations under the guise of protecting or demanding votes,” the EC stated, assuring candidates that the legally permitted number of polling agents is sufficient to safeguard their interests.

Tags: campaign rhetoricDeclaration of Results formsEC guidelineselection securityElectoral Commissionelectoral lawpolling agentsPolling stationspresidential electionsSimon Byabakamavote protectionvoter conduct
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