Laws of Kenya Active 2012

Publication of Electoral Opinion Polls Act

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LAWS OF KENYA
THE PUBLICATION OF ELECTORAL OPINION POLLS ACT
CAP. 7B
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Publication of Electoral Opinion Polls Act
Cap. 7B
Legislation as at 31 December 2022
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• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Publication of Electoral Opinion Polls Act (Cap. 7B)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Application ......................................................................................................................................................................................................... 1
4. Information required on publication ....................................................................................................................................................... 1
5. Additional information required in published opinions ................................................................................................................... 2
6.

equired in published opinions ................................................................................................................... 2
6.

Fee may be charged ...................................................................................................................................................................................... 2
7. Prohibition of publication ............................................................................................................................................................................ 2
8. Penalties ............................................................................................................................................................................................................. 2

.................................................................................................................................................... 2

Publication of Electoral Opinion Polls Act (Cap. 7B) Kenya
PUBLICATION OF ELECTORAL OPINION POLLS ACT
CAP. 7B
Assented to on 15 June 2012
Commenced on 22 November 2012
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the manner of publication of electoral opinion polls and for
connected purposes
1. Short title
This Act may be cited as the Publication of Electoral Opinion Polls Act. 2. Interpretation
In this Act, unless the context otherwise requires—
"broadcasting" means the unidirectional conveyance of sounds or television programmes, whether
encrypted or not, by radio or other means of telecommunications, for reception by the public;
"electoral period" means the period of twelve months immediately preceding an election under the
Constitution of Kenya or any other written law;
"electoral opinion poll" means a survey of the public opinion or a sample of the public opinion to assess
the views of the electorate on various matters relating to an election, political candidates or political
issues;
"publication" means the act of publishing or making known to the people at large, either by words, writing
or printing. 3.

idates or political
issues;
"publication" means the act of publishing or making known to the people at large, either by words, writing
or printing. 3.

Application
This Act shall apply to all persons who publish or cause the publication of results of an electoral opinion
poll during an electoral period. 4. Information required on publication
(1) The first person who publishes the results of an electoral opinion poll during an electoral period
and any other person who transmits those results to the public within twenty-four hours after they
are first transmitted to the public must provide the following information together with the results:
(a) the name of the sponsor of the opinion poll;
(b) the name of the person or organization that conducted the opinion poll;
(c) the date on which or the period during which the opinion poll was conducted;
(d) the population from which the sample of respondents was drawn;
(e) the number of people who were contacted to participate in the opinion poll;
(f) the methodology used;
(g) the educational levels of the participants; and
(h) if applicable, the margin of error in respect of the data obtained. 1

f) the methodology used;
(g) the educational levels of the participants; and
(h) if applicable, the margin of error in respect of the data obtained. 1

Publication of Electoral Opinion Polls Act (Cap. 7B) Kenya
(2) A person who contravenes any of the provisions of subsection (1) commits an offence. 5.

Additional information required in published opinions
(1) In addition to the information referred to in section 4, the following information must be provided
in the case of a publication by means other than broadcasting#
(a) the wording of the opinion poll questions in respect of which data is obtained;
(b) the name and address of the sponsor of the opinion poll;
(c) the name and address of the person or organization that conducted the opinion poll;
(d) information about the methodology used to collect the data from which the opinion poll
results were derived, including:
(i) the sampling method;
(ii) the population from which the sample was drawn;
(iii) the size of the initial sample;
(e) the number of individuals who were asked to participate in the opinion poll and the
numbers and respective percentages of them who participated in the opinion poll, refused to
participate in the opinion poll or were ineligible to participate in the opinion poll;
(f) the dates and time of the day of the interviews;
(g) the method used to recalculate the data to take into account in the opinion poll the results of
participants who expressed no opinion, were undecided or failed to respond to any or all of
the opinion poll questions;
(h) any weighting factors or normalization procedures used in deriving the results of the opinion
poll;
(i) the wording of the opinion poll questions; and
(j) where applicable, the margins of error in respect of the data obtained.

Publication of Electoral Opinion Polls Act

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