MCK Warns Media Against Illegal Opinion Polls Ahead of November 27 By-Elections

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The Media Council of Kenya (MCK) has issued a public warning to journalists, media houses, and online content creators against conducting or publishing unauthorised election-related opinion polls in the run-up to the November 27 by-elections. 


The Council released the advisory on Sunday, reminding media practitioners that such polls are illegal under Kenyan law and breach established professional guidelines.


In the statement, MCK emphasised that unscientific polls—including call-ins, instant online surveys, and social media polls—do not meet the standards set out in the Publication of Electoral Opinion Polls Act, 2012. 


The Council noted that these forms of polling continue to appear on digital platforms despite clear legal restrictions and the mandatory blackout period on publishing poll results.


The Act prohibits the publication of any electoral opinion poll on election day or within the five days preceding it. MCK highlighted this section directly, noting that the blackout is already in effect ahead of Thursday’s by-elections. 


The Council added that the same provisions apply to all media formats, including live broadcasts, talk shows, and user-generated content on social media.


MCK further referenced the Election Reporting Guidelines, which require journalists and media organisations to avoid conducting or sharing poll results on any of their platforms. 


The guidelines clarify that vox-pop interviews and random street opinions do not qualify as scientific surveys and should not be presented as indicators of electoral trends.


According to the Council, failure to comply with these rules exposes media houses and practitioners to legal and ethical breaches, including possible sanctions under national law and violations of in-house editorial policies. 


The advisory noted that responsible reporting is especially important during by-elections, where misinformation can influence voter turnout and public confidence in the electoral process.


The Council urged all media actors to uphold accuracy, fairness, and professionalism, especially during the sensitive pre-election period. 


It encouraged journalists to rely on verified information from authorised polling firms and to strictly observe the blackout period until after the polls close on November 27.


MCK called for full adherence to the law, stating that responsible journalism remains essential for safeguarding electoral integrity and public trust.


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