Ownership & Copyright

Open Elections Kenya is a project of the Surveillance and Accountability Project (saponline.co.ke).

All intellectual property rights in this platform, including its source code, data architecture, system design, and documentation, are owned by the Surveillance and Accountability Project. The platform is currently proprietary and under active development.

Unauthorised reproduction, distribution, or use of any part of this platform is prohibited without prior written consent.

Licensing

Source Code

GNU General Public License v3+

Upon completion, the source code for this platform will be released under the GNU General Public License version 3 or later (GNU GPL 3+). Anyone may use, study, modify, and distribute the platform, provided that any modified or derivative version is also released under the same GNU GPL 3+ license. No one may take this code, improve it, and distribute it under a closed or proprietary license.

Until the official open source release, all rights are reserved by the Surveillance and Accountability Project.

Data

Creative Commons Attribution-ShareAlike 4.0

The polling station dataset, verified GPS coordinates, aggregated election results, and all associated documentation produced by this platform are released under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0). You are free to use, share, and adapt this data, provided you give appropriate credit and distribute any derivative works under the same license.

Attribution Policy

Any deployment, modification, or redistribution of this platform must retain the following notice in all user-facing interfaces and accompanying documentation:

"Built on Open Elections Kenya by the Surveillance and Accountability Project (saponline.co.ke)"

This requirement applies regardless of the extent of modification and is in addition to the obligations imposed by the GNU GPL 3+ license.

Privacy Policy

Open Elections Kenya is committed to protecting the privacy of citizens who use this platform. We comply with the Kenya Data Protection Act, 2019.

Data We Collect

• Account data: name and email address when you register via Google, Facebook, or email.
• Verification submissions: photos, GPS coordinates, and descriptions submitted to verify polling station locations.
• Form 34A submissions: images of official polling station result forms uploaded during the election period.
• Usage data: browser type, IP address, and pages visited, collected for platform security and performance.

How We Use Your Data

• To operate the citizen verification and parallel vote tracking systems.
• To moderate and approve submissions.
• To maintain platform security and detect abuse.
• We do not sell, rent, or share your personal data with third parties for commercial purposes.

Data Retention

Account data is retained for as long as your account is active. Submission data, including GPS coordinates and form images, is retained permanently as part of the public election record. You may request deletion of your account data by contacting us at sapdigitalrights@proton.me.

Your Rights

Under the Kenya Data Protection Act, 2019, you have the right to access, correct, and request deletion of your personal data. To exercise these rights, contact us at sapdigitalrights@proton.me.

Third-Party Services

We use AWS S3 for image storage and third-party login providers (Google, Facebook). These services operate under their own privacy policies.

Cookie Policy

This platform uses cookies to function correctly and to improve your experience.

Cookies We Use

• Session cookies: required for login and authentication. These expire when you close your browser.
• Authentication cookies: set by Google or Facebook login to maintain your session.
• Analytics cookies: used to understand how the platform is used. No personally identifiable information is stored.

Managing Cookies

You can disable cookies in your browser settings. Disabling session cookies will prevent you from logging in. Analytics cookies can be disabled without affecting platform functionality.

Terms of Use

By accessing or using Open Elections Kenya, you agree to these terms.

Permitted Use

This platform is provided for civic purposes: verifying polling station locations and independently recording official election results. You may use it to submit verified information, access public data, and download datasets for analysis, research, or journalism.

Prohibited Use

• Submitting false, fabricated, or manipulated polling station data or form images.
• Attempting to interfere with, overload, or compromise the platform or its infrastructure.
• Using the platform or its data to mislead the public about election results.
• Scraping or bulk downloading data in ways that degrade platform performance.

Accuracy and Liability

Open Elections Kenya aggregates citizen-submitted data. While we apply moderation and verification processes, we do not guarantee the accuracy of every submission. The platform is an independent accountability tool and does not constitute an official election result. The Surveillance and Accountability Project accepts no liability for decisions made on the basis of data published on this platform.

Relationship with the IEBC

Open Elections Kenya operates independently of and in parallel with the Independent Electoral and Boundaries Commission (IEBC). This platform does not replace, override, or substitute the official electoral process. It exercises the constitutional right of citizens to access and independently verify public election data.

Changes to These Terms

We may update these terms as the platform develops. Continued use of the platform constitutes acceptance of the current terms.

Contact

For legal enquiries: sapdigitalrights@proton.me
The Surveillance and Accountability Project: saponline.co.ke