In the lead-up to Kenya’s 2013 general elections, the Kenyan Diaspora Alliance (KDA), led by activist Shem Ochuodho, advocated for the inclusion of Kenyans living abroad in the electoral process.
Their primary demand was the implementation of electronic voting systems to facilitate remote participation.​
The KDA’s efforts culminated in a legal challenge filed in July 2012, seeking a declaration that Kenyans in the diaspora have the constitutional right to register as voters and participate in elections.
The petition also called for the Independent Electoral and Boundaries Commission (IEBC) to establish voter registration and voting mechanisms for citizens living abroad. ​
Despite these efforts, the High Court dismissed the petition in November 2012, citing logistical challenges and time constraints.
The court acknowledged the constitutional right of diaspora Kenyans to vote but noted that the IEBC lacked sufficient time to implement the necessary systems for the 2013 elections. ​
Following the High Court’s decision, the KDA appealed to the Court of Appeal, which ruled in their favor.
The appellate court emphasized that the right to vote is fundamental and that the state must take appropriate measures to ensure that Kenyans abroad can exercise this right in future elections. However, the IEBC contested this ruling at the Supreme Court.
Ultimately, diaspora Kenyans were not able to vote in the 2013 elections. The IEBC cited logistical challenges and time constraints as reasons for the exclusion.
Despite this setback, the legal battles highlighted the growing recognition of the diaspora’s role in Kenya’s electoral process and set the stage for future efforts to include them in subsequent elections.​V
INVITTATION TO DIASPORA VOTING PANEL
Diaspora Kenyans Demand Electronic Voting in 2012 Elections
Panelists: AMOS WANGOMBE,Member, Kenya Diaspora Voting Advisory Council of New England, USA & OTHERS
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