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Assisted Voting in Kenya: Who Qualifies, and Who Stands Beside You

The BallotWinners Team · · 4 min read · 10 views
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Six ballot papers is a lot of paper. For a voter who cannot read them, or cannot see them, or cannot hold a pen steadily enough to mark one, the booth is where a right becomes a practical problem.

Kenyan law answers that with assisted voting. A voter who needs assistance to vote may be assisted, subject to procedure.

The procedure is short. It is also the part people do not know, and not knowing it is what produces the anxious negotiation at the desk while a queue builds up behind you.

Who can be assisted

Assistance is for a voter who cannot mark the ballot unaided. In practice that covers a voter who cannot read or write, a voter who is blind or has low vision, and a voter whose physical condition prevents them marking the paper themselves.

It is a question of need, not of category. Nobody is entitled to demand a label from you before helping, and nobody is entitled to decide on your behalf that you do not need help.

What assistance is not is a general convenience. It exists so that a vote that would otherwise be impossible becomes possible, which is why it comes with rules about who may stand beside you.

Who is allowed to help you

The general shape of the rule is that the voter chooses.

A voter who needs assistance may name a person to assist them. Where the voter does not name anyone, or the person named is not permitted, the presiding officer assists instead, and does so in the presence of the agents who are in the station.

The limits exist for obvious reasons. A candidate, and a candidate's agent, have an interest in your choice, and the whole point of the procedure is that your choice remains yours. If you plan to bring somebody, bring somebody with no role in the election.

The exact wording lives in the Elections (General) Regulations, and it is the presiding officer's job to apply it. Ask them to explain what they are doing as they do it. That is a reasonable request and a good habit.

What happens at the booth

You are identified at the desk like every other voter, and the papers are issued to you in the same way.

The difference begins at the marking. Your assistant marks the papers as you direct, in front of the agents present, and the presiding officer keeps a record that assistance was given. That record is a protection: it is how anyone reviewing the station afterwards can see that assisted votes were handled openly rather than quietly.

Then the papers go into the boxes, one race at a time, and you leave like everybody else.

Related: the whole sequence, step by step.

What assistance does not change

It does not change whose vote it is.

The person marking the paper is carrying out an instruction. They are not advising, not correcting, not persuading and not deciding. A relative who treats an elderly voter's assistance as a family decision has taken somebody's vote, whatever they tell themselves about it.

It also does not change the count. An assisted vote is an ordinary vote in an ordinary box, counted with all the others. There is no separate pile and no lesser status.

And it does not require you to explain yourself in detail to a room. Say that you need assistance and who you want to assist you. That is the whole conversation.

Related: what the law guarantees on access.

What to settle before polling day

Decide now who will assist you, and tell them now.

Check that the person you have chosen is not an agent for any candidate and is not standing for anything themselves. Party enthusiasm has a way of turning a neighbour into an agent between now and 2027, so confirm it again closer to the day.

Tell the presiding officer as you reach the desk rather than at the booth, so the arrangement is made before you are holding six papers.

And know your six races before you arrive. President, Governor, Senator, County Woman Representative, Member of the National Assembly, Member of the County Assembly. A voter who has decided all six in advance needs a few seconds of assistance. A voter deciding in the booth needs a conversation, and a conversation in a booth is exactly the situation the rules are written to prevent.

Related: what each paper decides.

Frequently Asked Questions

Who qualifies for assisted voting in Kenya?

A voter who cannot mark the ballot unaided. That includes a voter who cannot read or write, a voter who is blind or has low vision, and a voter whose physical condition prevents them from marking the paper. It is assessed on need rather than on producing a document or a label at the desk.

Can my party agent friend help me vote?

No. The people with an interest in your choice are exactly the people the rule keeps out of the booth, so a candidate or a candidate's agent should not be the person assisting you. Choose somebody with no role in the election, and check again nearer polling day, because roles change during a campaign.

Is an assisted vote counted differently?

No. The papers go into the same boxes and are counted with all the others. What differs is that the assistance happens in front of the agents present and the presiding officer records that it was given, which exists to protect the voter rather than to mark the vote as different.

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