1 week Ago
A group of 92 Kenyan citizens living abroad has taken the Independent Electoral and Boundaries Commission (IEBC) to the High Court, challenging restrictions that limit diaspora voting access. The petitioners argue that the current electoral framework unfairly shuts out thousands of eligible voters by forcing them to cast ballots only at embassies and consulates.Leading the legal fight are Dr.
Martin Koyabe, Danson Mukile, and Dr. Kenneth Karanja. They are asking the court for a complete overhaul of the system, saying it is outdated, impractical, and unconstitutional.
Justice Lawrence Mugambi is presiding over the case, which highlights the ongoing struggle to balance voter accessibility with logistical realities.Although Kenya’s 2010 constitution granted citizens living abroad the right to vote, the petitioners claim that poor implementation has severely undermined those rights. Under current regulations, diaspora voters must physically access diplomatic missions, a requirement that often imposes steep financial and logistical burdens.
For many Kenyans overseas, voting has become a near-impossible task. Citizens in countries like the United States, Canada, Australia, the United Kingdom, Saudi Arabia, China, and Sweden face significant expenses just to reach polling stations. In a striking example, a Kenyan living in Dallas, Texas, would need to travel more than 2,400 kilometers to vote at the New York embassy — a journey that many simply cannot afford.
Ambrose Mulandi, the lead lawyer representing the petitioners, argues that the system violates several constitutional guarantees, including Articles 38(3), 27, 81, and 83, which promise fair and equitable access to elections. Mulandi criticizes Regulation 34(2) for tethering voting rights to the existence of diplomatic offices, rather than prioritizing accessibility for all citizens.The lawsuit names the IEBC, the Senate, and the National Assembly as respondents.
Several organizations, including the Katiba Institute, the Law Society of Kenya, the Commission on Administrative Justice, the Centre for Multiparty Democracy Kenya, and the Election Observation Group (ELOG), have joined the case as interested parties.The petitioners claim they have repeatedly reached out to relevant agencies to expand diaspora voter registration, but their efforts have been largely ignored.Now, they hope the courts will step in to defend the democratic rights of all Kenyans living abroad.
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