Court declares that voter registration in the diaspora is not an absolute right.
Reported by Emma Kinya Mwobobia
New Vision Kenya (NVK Mageuzi) & 3 Others v Independent Electoral and Boundaries Commission & 9 Others
High Court at Nairobi
Constitutional and Human Rights Division
Petition No. 331 of 2012
D.S. Majanja J.
November 15, 2012.


Issues
1. Whether there is a violation or threat of a violation of the petitioners (Kenyan citizens residing abroad) right to register as voters
2. What is the nature and extent of the right to vote for Kenyan citizens residing outside the country;
3. What is the extent of the responsibility of the IEBC to facilitate this right;
Constitutional Law - fundamental Rights – right to vote – freedom of citizens to exercise their political rights – claim by Kenyan citizens residing abroad (Petitioners) of their right to register as voters from the diaspora in order to be able to vote in the next General Elections – whether the Petitioners were entitled to register as voters outside Kenya in order to participate in the Next General Elections.
Held:
The right of citizens residing outside of Kenya to vote is not absolute and is subject to such reasonable restrictions as are required to be enacted by the legislature to ensure the progressive registration of citizens residing outside Kenya and in general the progressive realization of the right to vote.

The Elections (Kenya Citizens Residing outside Kenya)Registration and Voting Regulations), 2012 (Regulations) provides a framework for the registration of citizens outside Kenya as voters and the decision on which country to register as voters is grounded on logistical consideration and any other criteria that the IEBC may determine.

The regulations provide a framework for the progressive realization of the rights of the Kenyan citizens living outside Kenya. The IEBC is given a responsibility to implement the provisions as it has the technical expertise and competence to do carry out the duties.

There was no violation of a fundamental right or breach of the Constitution in the circumstances and there was no threat neither to the petitioners nor the rights of Kenyan citizens residing abroad.

The provisions of the regulations gave discretion to the IEBC to consider logistical consideration and other criteria that was to be determined by the commission and unless a wrong or violation was demonstrated by the petitioners, the court would not interfere with the work of the IEBC in ordering to the IEBC to abide by the regulations.

Parliament has now enacted and IEBC has promulgated the necessary regulations and is required to act in accordance with them.

Kama tunashindwa kuregister watu wetu hapa ndani.... ni watu wa 'Diaspora'?

Kwanza i think this is the best thing to have happened to them - coz wasee wa immigration would park a lorry outside the consulates. when u leave the building after registration - they would check your papers and just incase you have overstayed or are there illegally - ndani ya lorry.

Tumeshindwa ama watu ndio hawajaenda ku-register?

IEBC has its flaws but i don't think blaming them for low turnout holds.
We are all responsible for a smooth electoral process. Let every player do their part and give support to IEBC.
It is the only way as a country we'll move forward.
By owning the nation-building process.